Title CPL, Criminal Procedure

§ 245.75 Waiver of discovery by defendant.\n 1. A defendant who does not seek discovery from the prosecution under\nthis article shall so notify the prosecution and the court at the\ndefendant's arraignment on an indictment, superior court information,\nprosecutor's information, …

§ 245.80 Remedies or sanctions for non-compliance.\n 1. Need for remedy or sanction. (a) When material or information is\ndiscoverable under this article but is disclosed belatedly, the court\nshall impose a remedy or sanction that is appropriate and proportionate\nto the prejudi…

§ 245.85 Admissibility of discovery.\n The fact that a party has indicated during the discovery process an\nintention to offer specified evidence or to call a specified witness is\nnot admissible in evidence or grounds for adverse comment at a hearing\nor a trial.\n

§ 245.90 Federal and state constitutional obligations.\n Nothing in this article shall be construed to limit the people's\nobligations to comply with federal and state constitutional law.\n

§ 250.10 Notice of intent to proffer psychiatric evidence; examination\n of defendant upon application of prosecutor.\n 1. As used in this section, the term "psychiatric evidence" means:\n (a) Evidence of mental disease or defect to be offered by the\ndefendant in connection with…

§ 250.20 Notice of alibi.\n 1. At any time, not more than twenty days after arraignment, the\npeople may serve upon the defendant or his counsel, and file a copy\nthereof with the court, a demand that if the defendant intends to offer\na trial defense that at the time of the comm…

§ 250.30 Notice of defenses in offenses involving computers.\n 1. In any prosecution in which the defendant seeks to invoke any of\nthe defenses specified in section 156.50 of the penal law, the defendant\nmust within forty-five days after arraignment and not less than twenty\nda…

§ 250.40 Notice of intent to seek death penalty.\n 1. A sentence of death may not be imposed upon a defendant convicted\nof murder in the first degree unless, pursuant to subdivision two of\nthis section, the people file with the court and serve upon the\ndefendant a notice of in…

§ 255.10 Definitions.\n 1. "Pre-trial motion" as used in this article means any motion by a\ndefendant which seeks an order of the court:\n (a) dismissing or reducing an indictment pursuant to article 210 or\nremoving an action to the family court pursuant to article 722; or\n (b…

§ 255.20 Pre-trial motions; procedure.\n 1. Except as otherwise expressly provided by law, whether the\ndefendant is represented by counsel or elects to proceed pro se, all\npre-trial motions shall be served or filed within forty-five days after\narraignment and before commenceme…

§ 260.10 Jury trial; requirement thereof.\n Except as otherwise provided in section 320.10, every trial of an\nindictment must be a jury trial.\n

§ 260.20 Jury trial; defendant's presence at trial.\n A defendant must be personally present during the trial of an\nindictment; provided, however, that a defendant who conducts himself in\nso disorderly and disruptive a manner that his trial cannot be carried\non with him in the…

§ 260.30 Jury trial; in what order to proceed.\n The order of a jury trial, in general, is as follows:\n 1. The jury must be selected and sworn.\n 2. The court must deliver preliminary instructions to the jury.\n 3. The people must deliver an opening address to the jury.\n 4. The…

§ 270.05 Trial jury; formation in general.\n 1. A trial jury consists of twelve jurors, but "alternate jurors" may\nbe selected and sworn pursuant to section 270.30.\n 2. The panel from which the jury is drawn is formed and selected as\nprescribed in the judiciary law. The first …

§ 270.10 Trial jury; challenge to the panel.\n 1. A challenge to the panel is an objection made to the entire panel\nof prospective trial jurors returned for the term and may be taken to\nsuch panel or to any additional panel that may be ordered by the court.\nSuch a challenge ma…

§ 270.15 Trial jury; examination of prospective jurors; challenges\n generally.\n 1. (a) If no challenge to the panel is made as prescribed by section\n270.10 of this article, or if such challenge is made and disallowed, the\ncourt shall direct that the names of not less than twe…

§ 270.16 Capital cases; individual questioning for racial bias.\n 1. In any case in which the crime charged may be punishable by death,\nthe court shall, upon motion of either party, permit the parties,\ncommencing with the people, to examine the prospective jurors\nindividually …

§ 270.20 Trial jury; challenge for cause of an individual juror.\n 1. A challenge for cause is an objection to a prospective juror and\nmay be made only on the ground that:\n (a) He does not have the qualifications required by the judiciary\nlaw; or\n (b) He has a state of mind t…

§ 270.25 Trial jury; peremptory challenge of an individual juror.\n 1. A peremptory challenge is an objection to a prospective juror for\nwhich no reason need be assigned. Upon any peremptory challenge, the\ncourt must exclude the person challenged from service.\n 2. Each party m…

§ 270.30 Trial jury; alternate jurors.\n 1. Immediately after the last trial juror is sworn, the court may in\nits discretion direct the selection of one or more, but not more than\nsix additional jurors to be known as "alternate jurors", except that, in\na prosecution under sect…

§ 270.35 Trial jury; discharge of juror; replacement by alternate juror.\n 1. If at any time after the trial jury has been sworn and before the\nrendition of its verdict, a juror is unable to continue serving by\nreason of illness or other incapacity, or for any other reason is\n…

§ 270.40 Trial jury; preliminary instructions by court.\n After the jury has been sworn and before the people's opening address,\nthe court must instruct the jury generally concerning its basic\nfunctions, duties and conduct. Such instructions must include, among\nother matters, …

§ 270.45 Trial jury; when separation permitted.\n During the period extending from the time the jurors are sworn to the\ntime they retire to deliberate upon their verdict, the court may in its\ndiscretion either permit them to separate during recesses and\nadjournments or direct …

§ 270.50 Trial jury; viewing of premises.\n 1. When the court is of the opinion that a viewing or observation by\nthe jury of the premises or place where an offense on trial was\nallegedly committed, or of any other premises or place involved in the\ncase, will be helpful to the …

§ 270.55 Sentencing jury in capital cases.\n During the period extending from when a jury returns a verdict of\nguilty upon a count of an indictment charging murder in the first degree\nas defined by section 125.27 of the penal law until a jury retires to\ndeliberate on the sente…

§ 280.10 Motion for mistrial.\n At any time during the trial, the court must declare a mistrial and\norder a new trial of the indictment under the following circumstances:\n 1. Upon motion of the defendant, when there occurs during the trial\nan error or legal defect in the proce…

§ 280.20 Motion for mistrial; status of indictment upon new trial.\n Upon a new trial resulting from an order declaring a mistrial, the\nindictment is deemed to contain all the counts which it contained at the\ntime the previous trial was commenced, regardless of whether any coun…

§ 290.10 Trial order of dismissal.\n 1. At the conclusion of the people's case or at the conclusion of all\nthe evidence, the court may, except as provided in subdivision two, upon\nmotion of the defendant, (a) issue a "trial order of dismissal,"\ndismissing any count of an indic…

§ 30.10 Timeliness of prosecutions; periods of limitation.\n 1. A criminal action must be commenced within the period of limitation\nprescribed in the ensuing subdivisions of this section.\n 2. Except as otherwise provided in subdivision three:\n (a) A prosecution for a class A f…

§ 30.20 Speedy trial; in general.\n 1. After a criminal action is commenced, the defendant is entitled to\na speedy trial.\n 2. Insofar as is practicable, the trial of a criminal action must be\ngiven preference over civil cases; and the trial of a criminal action\nwhere the defe…

§ 30.30 Speedy trial; time limitations.\n 1. Except as otherwise provided in subdivision three of this section,\na motion made pursuant to paragraph (e) of subdivision one of section\n170.30 or paragraph (g) of subdivision one of section 210.20 of this\nchapter must be granted wh…

§ 300.10 Court's charge; in general.\n 1. At the conclusion of the summations, the court must deliver a\ncharge to the jury.\n 2. In its charge, the court must state the fundamental legal\nprinciples applicable to criminal cases in general. Such principles\ninclude, but are not l…

§ 300.30 Court's charge; submission of indictment to jury; definitions\n of terms.\n The following definitions are applicable to this article:\n 1. "Submission of a count" of an indictment means submission of the\noffense charged therein, or of a lesser included offense, or submi…

§ 300.40 Court's charge; submission of indictment to jury; counts to\n be submitted.\n The court may submit to the jury only those counts of an indictment\nremaining therein at the time of its charge which are supported by\nlegally sufficient trial evidence, and every count not s…

§ 300.50 Court's charge; submission of lesser included offenses.\n 1. In submitting a count of an indictment to the jury, the court in\nits discretion may, in addition to submitting the greatest offense which\nit is required to submit, submit in the alternative any lesser include…

§ 310.10 Jury deliberation; requirement of; where conducted.\n 1. Following the court's charge, except as otherwise provided by\nsubdivision two of this section, the jury must retire to deliberate upon\nits verdict in a place outside the courtroom. It must be provided with\nsuita…

§ 310.20 Jury deliberation; use of exhibits and other material.\n Upon retiring to deliberate, the jurors may take with them:\n 1. Any exhibits received in evidence at the trial which the court,\nafter according the parties an opportunity to be heard upon the matter,\nin its disc…

§ 310.30 Jury deliberation; request for information.\n At any time during its deliberation, the jury may request the court\nfor further instruction or information with respect to the law, with\nrespect to the content or substance of any trial evidence, or with\nrespect to any oth…

§ 310.40 Verdict; rendition thereof.\n 1. The verdict must be rendered and announced by the foreperson of the\njury in the courtroom in the presence of the court, a prosecutor, the\ndefendant's counsel and the defendant; provided, however, that where the\nforeperson refuses or is…

§ 310.50 Verdict; form; reconsideration of defective verdict.\n 1. The form of the verdict must be in accordance with the court's\ninstructions, as prescribed in article three hundred.\n 2. If the jury renders a verdict which in form is not in accordance\nwith the court's instruc…

§ 310.60 Discharge of jury before rendition of verdict and effect\n thereof.\n 1. A deliberating jury may be discharged by the court without having\nrendered a verdict only when:\n (a) The jury has deliberated for an extensive period of time without\nagreeing upon a verdict with …

§ 310.70 Rendition of partial verdict and effect thereof.\n 1. If a deliberating jury declares that it has reached a verdict with\nrespect to one or more but not all of the offenses submitted to it, or\nwith respect to one or more but not all of the defendants, the court\nmust pr…

§ 310.80 Recording and checking of verdict and polling of jury.\n After a verdict has been rendered, it must be recorded on the minutes\nand read to the jury, and the jurors must be collectively asked whether\nsuch is their verdict. Even though no juror makes any declaration in t…

§ 310.85 Verdict of guilty where defendant not criminally responsible.\n 1. Where a verdict of guilty is rendered with respect to a crime, but\nthe defendant is not criminally responsible for such crime by reason of\ninfancy, the court shall proceed as provided in this section.\n…

§ 320.10 Non-jury trial; when authorized.\n 1. Except where the indictment charges the crime of murder in the\nfirst degree, the defendant, subject to the provisions of subdivision\ntwo, may at any time before trial waive a jury trial and consent to a\ntrial without a jury in the…

§ 320.20 Non-jury trial; nature and conduct thereof.\n 1. A non-jury trial of an indictment must be conducted by one judge\nof the superior court in which the indictment is pending.\n 2. The court, in addition to determining all questions of law, is the\nexeclusive trier of all i…

§ 330.10 Disposition of defendant after verdict of acquittal.\n 1. Upon a verdict of complete acquittal, the court must immediately\ndischarge the defendant if he is in the custody of the sheriff, or, if\nhe is at liberty on bail, it must exonerate the bail.\n 2. Upon a verdict o…

§ 330.20 Procedure following verdict or plea of not responsible by\n reason of mental disease or defect.\n 1. Definition of terms. As used in this section, the following terms\nshall have the following meanings:\n (a) "Commissioner" means the state commissioner of mental health o…

§ 330.25 Removal after verdict.\n 1. Where a defendant is a juvenile offender or an adolescent offender\nwho does not stand convicted of murder in the second degree, upon motion\nand with the consent of the district attorney, the action may be removed\nto the family court in the …

§ 330.30 Motion to set aside verdict; grounds for.\n At any time after rendition of a verdict of guilty and before\nsentence, the court may, upon motion of the defendant, set aside or\nmodify the verdict or any part thereof upon the following grounds:\n 1. Any ground appearing in…