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New York Judiciary - Article 13-A - (415 - 428) Judicial Proceedings for the Removal of Public Officers by Impeachment
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New York Laws > New York Judiciary (JUD) > New York Judiciary - Article 13-A - (415 - 428) Judicial Proceedings for the Removal of Public Officers by Impeachment
- New York Judiciary - Article 13-A - Judicial Proceedings for the Removal of Public Officers by Impeachment
Section 415. Impeachment to be delivered to president of the senate. 416. Copy of impeachment served on defendant. 417. Service, how made. 418. Proceedings, if...
- New York Judiciary - § 415 - Impeachment to Be Delivered to President of the Senate
When an officer of the state is impeached by the assembly, the articles of impeachment must be delivered to the president of the senate.
- New York Judiciary - § 416 - Copy of Impeachment Served on Defendant
The president of the senate must thereupon cause a copy of the articles of impeachment, with a notice to appear and answer the same, at...
- New York Judiciary - § 417 - Service, How Made
The service must be upon the defendant personally, or if he cannot, upon diligent inquiry, be found in the state, the court, upon proof of...
- New York Judiciary - § 418 - Proceedings, if Defendant Does Not Appear
If the defendant does not appear, the court, upon proof of service or publication as provided in the last two sections, may of its own...
- New York Judiciary - § 419 - Defendant May Object to Sufficiency Of, or Deny Impeachment
When the defendant appears, he must answer the articles of impeachment; which he may do, either by objection to their sufficiency, or that of any...
- New York Judiciary - § 420 - Form of Objection or Denial
If the defendant object to the sufficiency of the impeachment, the objection must be in writing, but need not be in any specific form; it...
- New York Judiciary - § 421 - Proceedings Thereon
If an objection to the sufficiency of the impeachment be not sustained by a majority of the members of the court who heard the argument,...
- New York Judiciary - § 422 - Two-thirds Necessary to Conviction
The defendant cannot be convicted on an impeachment, without the concurrence of two-thirds of the members present during the trial; and if such two-thirds do...
- New York Judiciary - § 423 - Judgment on Conviction, How Pronounced
After conviction, the court must immediately, or at such other time as it may appoint, pronounce judgment, in the form of a resolution, entered upon...
- New York Judiciary - § 424 - Adoption of Resolution
On the adoption of the resolution, by a majority of the members present, who voted on the question of acquittal or conviction, it becomes the...
- New York Judiciary - § 425 - Nature of the Judgment
Upon conviction, the judgment must be either: 1. That the defendant be removed from office; or 2. That he be removed from office and disqualified...
- New York Judiciary - § 426 - Officer, When Impeached, Disqualified to Act Until Acquitted
No officer shall exercise his office, after articles of impeachment against him shall have been delivered to the senate, until he is acquitted.
- New York Judiciary - § 427 - Presiding Officer, When President of the Senate Is Impeached
If the president of the senate be impeached, notice of the impeachment must be immediately given to the senate by the assembly, that another president...
- New York Judiciary - § 428 - Impeachment, Not a Bar to Indictment
If the offense for which the defendant is impeached be a crime, the prosecution thereof is not barred by the impeachment.
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