§ 706. Cost and expense of removed criminal trials. Whenever the trial of an indictment has been transferred from the county in which the indictment was found to some other county, the cost and expense of such trial shall be a charge upon the county in which the indictment was found. Whenever under the order of any court of competent jurisdiction, the pleadings and issue in any prosecution for any crime or misdemeanor, for which no indictment has been found, shall have been removed to any other county in this state for trial therein, in consequence of any inability to obtain an unprejudiced or impartial jury in the county in which the venue was originally laid, the expenses of the trial of said prosecution shall be a charge upon the county from which the same was transferred. The cost and expense of trial of any prosecution, as shown by the certificate of the presiding judge or justice, shall be paid by the county from which the transfer of trial was made to the county treasurer of the county in which the trial was had.

Terms Used In N.Y. County Law 706

  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Venue: The geographical location in which a case is tried.