§ 52 — Transfer of persons and charges

New York § 52

• Jurisdiction: New York
• Law CRC: New York City Criminal Court Act
• Art. 5: Miscellaneous Provisions Affecting Cases In Which Judge Sits As Magistrate

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§ 52. Transfer of persons and charges. (1) Except as provided in this\nsection, no charge, complaint or person brought before one judge of the\ncourt sitting as a magistrate shall be sent before another such judge,\nor any other magistrate, except for adequate cause, to be fully and at\nonce entered upon the records kept by the respective clerks and signed\nby the judge, and no person shall be committed or recommitted for\nexamination save for necessary cause, to be then clearly stated upon the\nrecord; the hearing upon any charge shall not be adjourned to another\nday without the reason therefor being entered upon such record, nor\nshall any charge be dismissed or any prisoner discharged without record\nthereof made as above provided.\n (2) Illness, absence or other inability of a judge, or the occurrence\nof a vacancy in his office, shall be adequate cause, without entry upon\nthe record, for any transfer included in the preceding subdivision of\nthis section, if the judge or other magistrate appearing in his place\nshall elect to proceed.\n