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Home » US Law » 2022 New York Laws » Consolidated Laws » JUD - Judiciary » Article 13-A - Judicial Proceedings for the Removal of Public Officers by Impeachment

416 – Copy of Impeachment Served on Defendant.

§ 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 the time and place appointed for the meeting of the court, to be served on the defendant, not less than twenty days […]

417 – Service, How Made.

§ 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 that fact may order publication to be made in such manner as it deems proper, of a notice requiring him to appear at a specified […]

418 – Proceedings, if Defendant Does Not Appear.

§ 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 motion, or for cause shown, assign another day or place for hearing the impeachment; or may then, or at any other time […]

420 – Form of Objection or Denial.

§ 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 being sufficient, if it present intelligibly the grounds of the objection. If he deny the truth of the impeachment, the denial may be […]

421 – Proceedings Thereon.

§ 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, the defendant must forthwith answer the articles of impeachment. If he plead guilty, or refuse to plead, the court must render judgment of conviction against him. […]

422 – Two-Thirds Necessary to Conviction.

§ 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 not concur in a conviction, the defendant must be declared acquitted.

423 – Judgment on Conviction, How Pronounced.

§ 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 the minutes of the court. The vote upon the passage thereof must be taken by yeas and nays, and must also be entered […]

424 – Adoption of Resolution.

§ 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 judgment of the court.

425 – Nature of the Judgment.

§ 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 to hold and enjoy a particular office or class of offices, or any office of profit, trust or honor whatever under this state.