People ex rel. Kenney v. Cornell
New York Supreme Court
This was an application for a writ of prohibition to prevent a justice of the peace in Richmond county from taking, otherwise than in public, the depositions of witnesses as to alleged violations of section 41 of the Penal Code.
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This was an application for a writ of prohibition to prevent a justice of the peace in Richmond county from taking, otherwise than in public, the depositions of witnesses as to alleged violations of section 41 of the Penal Code. The proceedings were instituted by an information that such crimes had been committed by “ John Doe” and others, and witnesses were subpoenaed, brought before the magistrate, and examined in private ; that is, the public and persons claiming to be counsel for “ John Doe ” and for the witnesses were excluded.
1Opinion of the CourtCullen, J.
I am of opinion that the magistrate is not bound to admit the public when he entertains an information and application for the issue of a warrant. The statute provides: “ The sittings of every court within this state shall be public, and every citizen may freely attend the same.” But the magistrate, when he receives an information, holds no court. Section 11, Code of Criminal Procedure, defines the courts of this state having original criminal jurisdiction, and a court of a justice of the peace is not to be found in the enumeration. He can hold a Court of Special Sessions, but the Court of…
2Cited by8 opinions
- People v. Dennis, New York County Courts1928
- In re an Application for a Search Warrant, No. L-18/81Criminal Court of the City of New York · 1981
- People v. De Maria, New York County Courts1968
- People ex rel. Livingston v. WyattAppellate Division of the Supreme Court of the State of New York · 1906
- People ex rel. Lewisohn v. WyattNew York Supreme Court · 1902
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