N.D.N.Y. L. R. Cr. P. 59.1

(a) Powers and Duties.

1. A full-time Magistrate Judge is authorized to exercise all powers and perform all

duties permitted by 28 U.S.C. § 636(a), (b), and (c), and any additional duties that

are consistent with the Constitution and laws of the United States. A part-time

Magistrate Judge is authorized to exercise all of those duties, except those

permitted under 28 U.S.C. § 636(c), and any additional duties consistent with the

Constitution and laws of the United States.

2. A Magistrate Judge is also authorized to

(A) Conduct removal proceedings and issue warrants of removal in accordance

with Fed. R. Crim. P. 40;

(B) Conduct extradition proceedings in accordance with 18 U.S.C. § 3184;

(C) Impanel and charge a Grand Jury and Special Grand Juries and receive

grand jury returns in accordance with Fed. R. Crim. P. 6(f). Oversight and

administration for each seated grand jury will be assigned to the Magistrate

Judge who impaneled them.

(D) Conduct voir dire and select petit juries for the Court;

(E) Conduct necessary proceedings leading to the potential revocation of

probation;

(F) Order the exoneration or forfeiture of bonds;

(G) Exercise general supervision of the Court's criminal calendar, conduct

calendar and status calls, and determine motions to expedite or postpone the

trial of cases for the Court;

(H) Exercise all the powers and duties conferred or imposed upon United States

commissioners by law or the Federal Rules of Criminal Procedure;

(I) Administer oaths and affirmations, impose conditions of release under 18

U.S.C. § 3146, and take acknowledgments, affidavits and depositions;

(J) Determine motions pursuant to 18 U.S.C. § 4241(a) for a hearing to

determine the mental competency of the defendant and, if necessary, order

that a psychiatric or psychological examination of the defendant be

conducted pursuant to 18 U.S.C. § 4241(b); and

(K) Conduct hearings to determine the mental competency of the defendant

pursuant to 18 U.S.C. § 4247(d) and issue a report and recommendation to

the assigned District Judge pursuant to 28 U.S.C. § 636(b).

3. A party seeking review of a Magistrate Judge's release or detention order pursuant

to 18 U.S.C. § 3145(a) and (b) shall file a Notice of Appeal of Magistrate Judge

Pretrial Order pursuant to Fed.R.Crim.P. 58(g)(2)(A) within fourteen (14) days of

the date of entry. If the release or detention order appealed from is filed in a

Magistrate case, the Clerk shall immediately randomly assign a District Judge and

open a criminal case. The Appellant shall be responsible for obtaining a copy of

any transcript, if requested by the Court. Unless otherwise ordered,

(A) The appellant's brief shall be filed within fourteen (14) days following the

filing of the notice of appeal;

(B) The appellee's brief shall be filed within fourteen (14) days following

submission of the appellant's brief;

(C) Any reply brief shall be filed within seven (7) days following the

submission of the appellee’s brief; and

(D) Unless the Court orders otherwise, the appeal shall be taken on submission

without oral argument.

The Court shall promptly determine the motion based upon the submitted papers

without oral argument.

(b) Felonies. On the return of an indictment or the filing of an information, a District

Judge shall assign felony matters to a Magistrate Judge for the purpose of arraignment, for the

determination and fixing the conditions of pretrial release, and for the assignment of an attorney

to the extent authorized by law.

(c) Misdemeanors.

1. A Magistrate Judge is authorized to conduct trials of persons accused of

misdemeanors committed within this District in accordance with 18 U.S.C. §

3401, order a presentence investigation report on any such persons who are

convicted or plead guilty or nolo contendere, and sentence such persons.

2. Any person charged with a misdemeanor may, however, elect to be tried before a

District Judge for the district in which the offense was committed. The

Magistrate Judge shall carefully advise defendants of their right to trial, judgment,

and sentencing by a District Judge and their right to a trial by jury before a

District Judge or Magistrate Judge. The Magistrate Judge shall not proceed to try

the case unless the defendant, after such explanation, files a written consent to be

tried before the Magistrate Judge. That consent specifically must waive trial,

judgment, and sentencing by a District Judge.

3. Procedures on appeal of a Magistrate Judge’s judgment of conviction to a District

Judge in a consent case pursuant to 18 U.S.C. § 3401 shall be as provided in Fed.

R. Crim. P. 58(g)(2)(B). The appellant must pay the current filing fee via

pay.gov. Unless otherwise ordered,

(A) The appellant's brief shall be filed within fourteen (14) days following the

filing of the notice of appeal;

(B) The appellee's brief shall be filed within fourteen (14) days following

submission of the appellant's brief;

(C) Unless the Court orders otherwise, the appeal shall be taken on submission

without oral argument.