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The New York State Court of Appeals is the state's highest court. In civil cases, appeals are taken almost exclusively from decisions of the Appellate Divisions. In criminal cases, depending on the type of case and the part of the state in which it arose, appeals can be heard from decisions of the Appellate Division, the Appellate Term, and the County Court.
The Appellate Division primarily hears appeals from the state's superior courts (Supreme Court, Surrogate's Court, Family Court, Court of Claims, the county courts) in civil cases, the Supreme Court in criminal cases, and, in the Third and Fourth Judicial Departments, from the county courts in felony criminal cases. [5]
These counties comprise 8% of New York State's land area, yet account for more than 50% of its population. [ 1 ] As with all four departments of the Appellate Division, the Second Department was created in its current form by the Constitution of the State of New York , adopted at the 1894 constitutional convention.
The First Department of the Appellate Division holds jurisdiction over the Counties of New York and the Bronx.Appeals are taken to the Appellate Division, as a matter of right, in civil and criminal cases, from the Supreme Court, Surrogate's Court, Family Court, and Court of Claims.
New York State Court Officers are designated as New York State peace officers under Criminal Procedure Law § 2.10; The powers of peace officers are listed and defined under criminal procedure law 2.20. [1] The powers of peace officers are limited by other sections or subdivisions of the criminal procedure law or penal law.
Volumes of the McKinney's annotated version of the CPLR. The New York Civil Practice Law and Rules (CPLR) is chapter 8 of the Consolidated Laws of New York [1] and governs legal procedure in the Unified Court System such as jurisdiction, venue, and pleadings, as well certain areas of substantive law such as the statute of limitations and joint and several liability. [2]
An information is a formal criminal charge which, depending upon the jurisdiction, either begins or continues a criminal proceeding in the courts. The information is one of the oldest common law pleadings (first appearing around the 13th century), and is nearly as old as the better-known indictment, with which it has always coexisted.
Galie, Peter J. and Bopst, Christopher, The New York State Constitution (2nd ed. 2012) Lincoln, Charles Z., The Constitutional History of New York from the Beginning of the Colonial Period to the Year 1905 (1906) State of New York, Department of State, New York Constitution Archived 2016-02-07 at the Wayback Machine