Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 177-B
Special narcotics parts; establishment
Judiciary (JUD) CHAPTER 30, ARTICLE 5-B
§ 177-b. Special narcotics parts; establishment. 1. There shall be
established in cities having a population of one million or more in the
supreme court special narcotics parts in such numbers and at such
locations as shall be designated by the administrative board of the
judicial conference of the state of New York to effectuate the purposes
of this article. Such parts shall hear and determine narcotics
indictments assigned thereto from any part of the supreme court in any
county within such cities.

As used in this article, "narcotics indictment" means an indictment
charging a crime that is prosecutable in any county wholly contained in
a city within cities having a population of one million or more
involving the sale or possession of a narcotic drug and any other
offense properly joined therewith.

2. Notwithstanding any other provision of law, upon or after
arraignment on a narcotics indictment filed in the supreme court in any
county within such cities and before entry of a plea of guilty or
commencement of trial, such supreme court may order that the indictment
and action be assigned to a special narcotics part of the supreme court.

3. The trial of an indictment in a special narcotics part shall for
all purposes be deemed to be a trial in the county in which the
indictment was filed, but the administrative board of the judicial
conference may promulgate rules, orders or regulations to be applicable
to such parts in place and instead of the rules, orders or regulations
applicable to courts in the county where the indictment was filed. The
administrative board shall provide by rule, order or regulation for at
least the following matters: the procedure of the part; its auxiliary
services; the assignment of judicial personnel; the appointment of
terms; and transmittal of all papers in the action, including all
undertakings for appearances of the defendant and of the witnesses, to
the part of the supreme court to which the action has been assigned.