New York Consolidated Laws
N.Y. Civil Rights Law § 12 (2026)
Rights of persons accused of crime
✓ current as of May 2026
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§ 12. Rights of persons accused of crime. In all criminal prosecutions, the accused has a right to a speedy and public trial, by an impartial jury, and is entitled to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him or her; and to have compulsory process for obtaining witnesses in his or her favor. A noncitizen is not entitled to a jury, composed in part of noncitizens or strangers, in an action or special proceeding civil or criminal.
Notes of Decisions
Cited in 94
cases (3 in the last 5 years), 1948–2025 · leading case: People v. Wiggins, 95 N.E.3d 303 (2018).
People v. Wiggins, 95 N.E.3d 303 (2018). “20 ; Civil Rights Law § 12 ). We have also recognized that "unreasonable delay in prosecuting a defendant constitutes a denial of due process of law" and that undue delay may require dismissal of the indictment, even when there is no resulting prejudice to the defendant ( People…”
Kee v. City of New York, 12 F.4th 150 (2d Cir. 2021). “20 ; N.Y. Civil Rights Law § 12 ; see also People v.”
In Re Oliver, 333 U.S. 257 (1948). “§ 10654 (1929); N.Y. Civil Rights Law § 12 . [20] The Maryland Court of Appeals has apparently interpreted the state constitution as prohibiting secret trials.”
People v. Kordish, 140 A.D.3d 981 (N.Y. App. Div. 2016). “The defendant's contention that he was denied his right to a public trial ( see US Const 6th Amend; Civil Rights Law § 12; Judiciary Law § 4; People v Martinez , 82 NY2d 436, 441 ) when the trial court closed the courtroom during the testimony of two undercover officers ( see…”
People v. Robinson, 679 N.E.2d 1055 (NY 1997). “The Sixth Amendment of the United States Constitution, applicable to the States through the Fourteenth Amendment, expressly requires compulsory process for presenting witnesses in defendant’s favor in a criminal case (see also, Civil Rights Law § 12 which specifically requires…”
People v. Romeo, 904 N.E.2d 802 (NY 2009). “A Judge of this Court granted the People leave to appeal ( 10 NY3d 869 [2008]) and we now affirm. II A criminal defendant’s right to a speedy trial is guaranteed both by the Sixth Amendment to the United States Constitution (US Const 6th, 14th Amends) and by statute (CPL 30.”
People v. Martinez, 624 N.E.2d 1027 (NY 1993). “Defendant was convicted as charged and sentenced to 5 to 10 years’ imprisonment. The Appellate Division affirmed.”
People v. Echevarria, 989 N.E.2d 9 (NY 2013). “The right of a criminal defendant to a public trial is fundamental (People v Martin, 16 NY3d 607, 611 [2011]; US Const 6th, 14th Amends; see also Civil Rights Law § 12; Judiciary Law § 4).”
People v. Ramos, 685 N.E.2d 492 (NY 1997). “Discussion A criminal defendant’s right to a public trial (US Const 6th Amend; Civil Rights Law § 12; Judiciary Law § 4), though fundamental, is not absolute.”
People v. Wiggins, 143 A.D.3d 451 (N.Y. App. Div. 2016). “The Sixth Amendment to the United States Constitution and the New York State Bill of [*4]Rights (Civil Rights Law § 12) guarantee the right to a speedy trial to an individual charged with a crime.”
People v. Chin, 490 N.E.2d 505 (NY 1986). “II It is, of course, basic that a defendant in a criminal cause has a constitutional right to confront witnesses against him through cross-examination (US Const 6th Amend; NY Const, art I, § 6; Davis v Alaska, 415 US 308, 315-316 ; People v Gissendanner, 48 NY2d 543, 548 ; see…”
People v. Martin, 949 N.E.2d 491 (NY 2011). “public trial” (US Const 6th, 14th Amends; see also Civil Rights Law § 12; Judiciary Law § 4).”
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