New York State - Judiciary - JUD - Article 5-B
ARTICLE 5-B SPECIAL NARCOTICS PARTS OF THE SUPREME COURT IN CITIES WITH A POPULATION OF ONE MILLION OR MORE
Section 177-a. Declaration of legislative findings and intent.
177-b. Special narcotics parts; establishment.
177-c. Special narcotics parts; prosecutorial organization.
177-d. Special narcotics parts; procedure.
§ 177-a. Declaration of legislative findings and intent. The legislature hereby finds and declares that an emergency of grave dimensions exists in narcotics law enforcement in cities having a population of one million or more. The overall law enforcement effort has not been successful in stemming the distribution of narcotic drugs. The legislature finds that the ineffectiveness of official efforts to contain the narcotics traffic is due in significant part to the inability of the overburdened criminal justice system to cope with the enormous volume of narcotics cases.
The legislature further finds that this crisis, which transcends the traditional jurisdictional boundaries of the counties wholly contained within such cities having a population of one million or more, demands coordinated prosecution, centralized direction and the infusion of massive new resources.
The legislature declares that without these new directions and resources, this crisis will intensify and very shortly overwhelm the already strained criminal justice system.
Based upon the above findings the legislature hereby declares that an emergency narcotics court program is required.
It is the intent of the legislature that the emergency narcotics program should be coordinated by the division of criminal justice of the office of planning services in cooperation with the criminal justice coordinating councils of such cities. The program would be implemented by the joint efforts of the district attorneys of the counties within cities having a population of one million or more, the judiciary, and other criminal justice services acting in accordance with a mutually agreed upon plan. The legislature contemplates that the program authorized herein shall consist of the establishment of special narcotics parts in the supreme court in cities having a population of one million or more to hear and determine narcotic cases from within counties wholly contained in a city having a population of one million or more, commencing not later than the September nineteen hundred seventy-two term and continuing thereafter during the duration of the emergency.
The legislature declares that the resources necessary for these special narcotics parts of the supreme court can be made available only through a combination of federal funds from the law enforcement assistance administration of the United States department of justice, and state and local funds, services and facilities. To this end the legislature declares that in order to utilize presently appropriated federal funds, all necessary agreements shall be entered into forthwith.
§ 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.
§ 177-c. Special narcotics parts; prosecutorial organization. The district attorneys of the counties wholly contained in a city having a population of one million or more shall formulate and adopt a plan designed to effect the purposes of this article. The plan shall provide for the following matters:
(i) the appointment of an assistant district attorney to the staff of one of the district attorneys to administer the program established pursuant to the plan;
(ii) the appointment of a staff to operate under the direction and supervision of the assistant district attorney appointed pursuant to paragraph (i);
(iii) the establishment of standards, administrative policies, and procedures to govern the performance of the prosecutorial functions in connection with narcotics cases, including but not limited to guidelines governing applications by the assistant district attorney appointed pursuant to paragraph (i) for the impaneling of a grand jury; and
(iv) any other matters, pertaining to the effective administration of the program and fulfillment of the purposes of this article.
§ 177-d. Special narcotics parts; procedure. Notwithstanding any other provision of law,
(i) a narcotics indictment returned in any county within such cities may be prosecuted in the special narcotics part to which it is assigned pursuant to section one hundred seventy-seven-b irrespective of the county in which the part is held and in which the crime charged was committed;
(ii) any assistant district attorney appointed pursuant to the plan authorized by section one hundred seventy-seven-c may prosecute all offenses cognizable by any special narcotics part irrespective of the county in which the part is held and in which the crime charged was committed; and
(iii) upon the application of the assistant district attorney in charge of the special narcotics parts appointed pursuant to the plan authorized by section one hundred seventy-seven-c, one or more grand juries may be drawn and impaneled for a special narcotics part upon the order of the justice assigned to such part, which grand jury may exercise all the powers of a grand jury in the county in which it is impaneled and may in addition exercise its powers with respect to the alleged commission of an offense in any county wholly contained in a city having a population of one million or more involving the sale or possession of a narcotic drug and any other offense that could be properly joined therewith in an indictment.
Section 177-a. Declaration of legislative findings and intent.
177-b. Special narcotics parts; establishment.
177-c. Special narcotics parts; prosecutorial organization.
177-d. Special narcotics parts; procedure.
§ 177-a. Declaration of legislative findings and intent. The legislature hereby finds and declares that an emergency of grave dimensions exists in narcotics law enforcement in cities having a population of one million or more. The overall law enforcement effort has not been successful in stemming the distribution of narcotic drugs. The legislature finds that the ineffectiveness of official efforts to contain the narcotics traffic is due in significant part to the inability of the overburdened criminal justice system to cope with the enormous volume of narcotics cases.
The legislature further finds that this crisis, which transcends the traditional jurisdictional boundaries of the counties wholly contained within such cities having a population of one million or more, demands coordinated prosecution, centralized direction and the infusion of massive new resources.
The legislature declares that without these new directions and resources, this crisis will intensify and very shortly overwhelm the already strained criminal justice system.
Based upon the above findings the legislature hereby declares that an emergency narcotics court program is required.
It is the intent of the legislature that the emergency narcotics program should be coordinated by the division of criminal justice of the office of planning services in cooperation with the criminal justice coordinating councils of such cities. The program would be implemented by the joint efforts of the district attorneys of the counties within cities having a population of one million or more, the judiciary, and other criminal justice services acting in accordance with a mutually agreed upon plan. The legislature contemplates that the program authorized herein shall consist of the establishment of special narcotics parts in the supreme court in cities having a population of one million or more to hear and determine narcotic cases from within counties wholly contained in a city having a population of one million or more, commencing not later than the September nineteen hundred seventy-two term and continuing thereafter during the duration of the emergency.
The legislature declares that the resources necessary for these special narcotics parts of the supreme court can be made available only through a combination of federal funds from the law enforcement assistance administration of the United States department of justice, and state and local funds, services and facilities. To this end the legislature declares that in order to utilize presently appropriated federal funds, all necessary agreements shall be entered into forthwith.
§ 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.
§ 177-c. Special narcotics parts; prosecutorial organization. The district attorneys of the counties wholly contained in a city having a population of one million or more shall formulate and adopt a plan designed to effect the purposes of this article. The plan shall provide for the following matters:
(i) the appointment of an assistant district attorney to the staff of one of the district attorneys to administer the program established pursuant to the plan;
(ii) the appointment of a staff to operate under the direction and supervision of the assistant district attorney appointed pursuant to paragraph (i);
(iii) the establishment of standards, administrative policies, and procedures to govern the performance of the prosecutorial functions in connection with narcotics cases, including but not limited to guidelines governing applications by the assistant district attorney appointed pursuant to paragraph (i) for the impaneling of a grand jury; and
(iv) any other matters, pertaining to the effective administration of the program and fulfillment of the purposes of this article.
§ 177-d. Special narcotics parts; procedure. Notwithstanding any other provision of law,
(i) a narcotics indictment returned in any county within such cities may be prosecuted in the special narcotics part to which it is assigned pursuant to section one hundred seventy-seven-b irrespective of the county in which the part is held and in which the crime charged was committed;
(ii) any assistant district attorney appointed pursuant to the plan authorized by section one hundred seventy-seven-c may prosecute all offenses cognizable by any special narcotics part irrespective of the county in which the part is held and in which the crime charged was committed; and
(iii) upon the application of the assistant district attorney in charge of the special narcotics parts appointed pursuant to the plan authorized by section one hundred seventy-seven-c, one or more grand juries may be drawn and impaneled for a special narcotics part upon the order of the justice assigned to such part, which grand jury may exercise all the powers of a grand jury in the county in which it is impaneled and may in addition exercise its powers with respect to the alleged commission of an offense in any county wholly contained in a city having a population of one million or more involving the sale or possession of a narcotic drug and any other offense that could be properly joined therewith in an indictment.
