Title CPL, Criminal Procedure

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

§ 245.80 Remedies or sanctions for non-compliance. 1. Need for remedy or sanction. (a) When material or information is discoverable under this article but is disclosed belatedly, the court shall impose a remedy or sanction that is appropriate and proportionate to the prejudice su…

§ 245.85 Admissibility of discovery. The fact that a party has indicated during the discovery process an intention to offer specified evidence or to call a specified witness is not admissible in evidence or grounds for adverse comment at a hearing or a trial.

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

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

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

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

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

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

§ 255.20 Pre-trial motions; procedure. 1. Except as otherwise expressly provided by law, whether the defendant is represented by counsel or elects to proceed pro se, all pre-trial motions shall be served or filed within forty-five days after arraignment and before commencement of…

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

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

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

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

§ 270.10 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 term and may be taken to such panel or to any additional panel that may be ordered by the court. Such a challenge may be …

§ 270.15 Trial jury; examination of prospective jurors; challenges generally. 1. (a) If no challenge to the panel is made as prescribed by section 270.10 of this article, or if such challenge is made and disallowed, the court shall direct that the names of not less than twelve me…

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

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

§ 270.25 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…

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

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

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

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

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

§ 270.55 Sentencing jury in capital cases. During the period extending from when a jury returns a verdict of guilty upon a count of an indictment charging murder in the first degree as defined by section 125.27 of the penal law until a jury retires to deliberate on the sentence p…

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

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

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

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

§ 30.20 Speedy trial; in general. 1. After a criminal action is commenced, the defendant is entitled to a speedy trial. 2. Insofar as is practicable, the trial of a criminal action must be given preference over civil cases; and the trial of a criminal action where the defendant h…

§ 30.30 Speedy trial; time limitations. 1. Except as otherwise provided in subdivision three of this section, a motion made pursuant to paragraph (e) of subdivision one of section 170.30 or paragraph (g) of subdivision one of section 210.20 of this chapter must be granted where t…

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

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

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

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

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

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

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

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

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

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

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

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

§ 310.85 Verdict of guilty where defendant not criminally responsible. 1. Where a verdict of guilty is rendered with respect to a crime, but the defendant is not criminally responsible for such crime by reason of infancy, the court shall proceed as provided in this section. 2. If…

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

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

§ 330.10 Disposition of defendant after verdict of acquittal. 1. Upon a verdict of complete acquittal, the court must immediately discharge the defendant if he is in the custody of the sheriff, or, if he is at liberty on bail, it must exonerate the bail. 2. Upon a verdict of not …

§ 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. 1. Where a defendant is a juvenile offender or an adolescent offender who does not stand convicted of murder in the second degree, upon motion and with the consent of the district attorney, the action may be removed to the family court in the inter…

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