New York Judiciary Law Article 13-A - JUDICIAL PROCEEDINGS FOR THE REMOVAL OF PUBLIC OFFICERS BY IMPEACHMENT
- 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.
- 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...
- 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...
- 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...
- 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...
- 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...
- 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,...
- 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...
- 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...
- 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...
- 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...
- 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.
- 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...
- 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.
Last modified: February 3, 2019