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Article 360 - NY Criminal Procedure Law
S 360.05 Jury trial; order of trial.
The provisions of section 260.30, governing the order of proceedings
of a jury trial of an indictment in a superior court, are applicable to
a jury trial of an information in a local criminal court.
S 360.10 Trial jury; formation in general.
1. A trial jury consists of six jurors, but "alternate jurors" may be
selected and sworn pursuant to section 360.35.
2. The panel from which the jury is drawn is formed and selected as
prescribed in the uniform district court act, uniform city court act,
and uniform justice court act. In the New York city criminal court the
panel from which the jury is drawn is formed and selected in the same
manner as is prescribed for the formation and selection of a panel in
the supreme court in counties within cities having a population of one
million or more.
S 360.15 Trial jury; challenge to the panel.
1. A challenge to the panel is an objection made to the entire panel
of prospective trial jurors returned for the trial of the action and may
be taken to such panel or to any additional panel that may be ordered by
the court. Such a challenge may be made only by the defendant and only
on the ground that there has been such a departure from the requirements
of the appropriate law in the drawing or return of the panel as to
result in substantial prejudice to the defendant.
2. A challenge to the panel must be made before the selection of the
jury commences, and, if it is not, such challenge is deemed to have been
waived. Such challenge must be made in writing setting forth the facts
constituting the ground of challenge. If such facts are denied by the
people, witnesses may be called and examined by either party. All
issues of fact and questions of law arising on the challenge must be
tried and determined by the court. If a challenge to the panel is
allowed, the court must discharge that panel and order the return of
another panel of prospective trial jurors.
S 360.20 Trial jury; examination of prospective jurors; challenges
If no challenge to the panel is made as prescribed by section 360.15,
or if such challenge is made and disallowed, the court must direct that
the names of six members of the panel be drawn and called. Such persons
must take their places in the jury box and must be immediately sworn to
answer truthfully questions asked them relative to their qualifications
to serve as jurors in the action. The procedural rules prescribed in
section 270.15 with respect to the examination of the prospective jurors
and to challenges are also applicable to the selection of a trial jury
in a local criminal court.
S 360.25 Trial jury; challenge for cause of an individual juror.
1. A challenge for cause is an objection to a prospective member of
the jury and may be made only on the ground that:
(a) He does not have the qualifications required by the judiciary law;
(b) He has a state of mind that is likely to preclude him from
rendering an impartial verdict based upon the evidence adduced at the
(c) He is related within the sixth degree by consanguinity or affinity
to the defendant, or to the person allegedly injured by the crime
charged, or to a prospective witness at the trial, or to counsel for the
people or for the defendant; or that he is or was a party adverse to any
such person in a civil action; or that he has complained against or been
accused by any such person in a criminal action; or that he bears some
other relationship to any such person of such nature that it is likely
to preclude him from rendering an impartial verdict; or
(d) He is to be a witness at the trial; or where a prosecutor's
information was filed at the direction of a grand jury, he was a witness
before the grand jury or at the preliminary hearing; or
(e) He or she served on a trial jury in a prior civil or criminal
action involving the same incident charged; or where a prosecutor's
information was filed at the direction of a grand jury, he or she served
on the grand jury which directed such filing.
2. All issues of fact or questions of law arising on the challenge
must be tried and determined by the court. The provisions of subdivision
two of section 270.20 with respect to challenges are also applicable to
the selection of a trial jury in a local criminal court.
S 360.30 Trial jury; peremptory challenge of an individual juror.
1. A peremptory challenge is an objection to a prospective juror for
which no reason need be assigned. Upon any peremptory challenge, the
court must exclude the person challenged from service.
2. Each party must be allowed three peremptory challenges. When two
or more defendants are tried jointly, such challenges are not multiplied
by the number of defendants, but such defendants are to be treated as a
single party. In any such case, a peremptory challenge by one or more
defendants must be allowed if a majority of the defendants join in such
challenge. Otherwise, it must be disallowed.
S 360.35 Trial jury; alternate juror.
1. Immediately after the last trial juror is sworn, the court may in
its discretion direct the selection of either one or two additional
jurors to be known as "alternate jurors." The alternate jurors must be
drawn in the same manner, must have the same qualifications, must be
subject to the same examination and challenges for cause and must take
the same oath as the regular jurors. Whether or not a party has used
its peremptory challenge in the selection of the trial jury, one
peremptory challenge is authorized in the selection of the alternate
2. The provisions of section 270.35 with respect to alternate jurors
are also applicable to a trial jury in a local criminal court.
S 360.40 Trial jury; conduct of jury trial in general.
A jury trial of an information must be conducted generally in the same
manner as a jury trial of an indictment, and the rules governing
preliminary instructions by the court, supervision of the jury, motion
practice and other procedural matters involved in the conduct of a jury
trial of an indictment are, where appropriate, applicable to the conduct
of a jury trial of an information.
S 360.45 Court`s charge and instructions; in general.
The general principles, prescribed in section 300.10, governing the
court`s charge to the jury and requests to charge upon a trial of an
indictment, are applicable to a jury trial of an information in a local
S 360.50 Court`s submission of information to jury; counts and offenses
to be submitted.
1. The term definitions contained in section 300.30 are applicable to
this section, except that the word "information" is to be substituted
for the word "indictment" wherever the latter appears in said section
2. The court may submit to the jury only those counts of an
information remaining therein at the time of its charge which are
supported by legally sufficient trial evidence, and every count not so
supported should be dismissed by a trial order of dismissal. If the
trial evidence is not legally sufficient to establish a misdemeanor
charged in a particular count which the court would otherwise be
required to submit pursuant to this section, but is legally sufficient
to establish a lesser included offense, the court may submit such lesser
included offense and, upon the people`s request, must do so. In
submitting a count charging a misdemeanor established by legally
sufficient trial evidence, the court in its discretion may, in addition
to submitting such misdemeanor, submit in the alternative any lesser
included offense if there is a reasonable view of the evidence which
would support a finding that the defendant committed such lesser offense
but did not commit the misdemeanor charged.
3. If the information contains but one count, the court must submit
4. If a multiple count information contains consecutive counts only,
the court must submit every count thereof.
5. In any case where the information may be more complex by reason of
concurrent counts or inconsistent counts or other factors indicated in
subdivisions three, four and five of section 300.40, relating to
multiple count indictments, the court, in its submission of such
information to the jury, should, so far as practicable, be guided by the
provisions of the said subdivisions of said section 300.40.
6. Notwithstanding any other provision of this section, the court is
not required to submit to the jury any particular count of a multiple
count information if the people consent that it not be submitted.
7. Every count not submitted to the jury is deemed to have been
dismissed by the court. Where the court, over objection of the people,
refuses to submit a count which is consecutive as to every count
actually submitted, such count is deemed to have been dismissed by a
trial order of dismissal even though no such order was expressly made by
S 360.55 Deliberation and verdict of jury.
The provisions of article three hundred ten, governing the
deliberation and verdict of a jury upon a jury trial of an indictment in
a superior court, are applicable to a jury trial of an information in a
local criminal court.
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