“ The above act vested in the High Court of Justice all the powers formerly exercised by the Court of Oyer and Terminer, but its jurisdiction of criminal offenses is still dependent upon such a commission. A special commission is sometimes issued, authorizing the judges to try certain designated criminal cases out of the regular term.
The highest court of criminal jurisdiction in the State of New York was formerly known as the Court of Oyer and Terminer, but it derived its jurisdiction from the statutes creating it and not from a commission as was the case in England. ”