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Article 320 - NY Criminal Procedure Law

• NY Laws ›
• CPL ›
• Part 2 ›
• Title J ›
• Article 320

 S 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 superior court in which the indictment is
pending.
  2.  Such waiver must be in writing and must be signed by the defendant
in person in open court in the presence of the court, and with the
approval of the court.  The court must approve the execution and
submission of such waiver unless it determines that it is tendered as a
stratagem to procure an otherwise impermissible procedural advantage or
that the defendant is not fully aware of the consequences of the choice
he is making.  If the court disapproves the waiver, it must state upon
the record its reasons for such disapproval.

S 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 of fact and must render a verdict.
  3.  The order of the trial must be as follows:
  (a)  The court must permit the parties to deliver opening addresses in
the order provided for a trial by jury pursuant to section 260.30.
  (b)  The order in which evidence must or may be offered by the
respective parties is the same as that applicable to a jury trial of an
indictment as prescribed in subdivisions five, six and seven of section
260.30.
  (c)  The court must permit the parties to deliver summations in the
order provided for a trial by jury pursuant to section 260.30.
  (d)  The court must then consider the case and render a verdict.
  4.  The provisions governing motion practice and general procedure
with respect to a jury trial are, wherever appropriate, applicable to a
non-jury trial.
  5.  Before considering a multiple count indictment for the purpose of
rendering a verdict thereon, and before the summations if there be any,
the court must designate and state upon the record the counts upon which
it will render a verdict and the particular defendant or defendants, if
there be more than one, with respect to whom it will render a verdict
upon any particular count.  In determining what counts, offenses and
defendants must be considered by it and covered by its verdict, and the
form of the verdict in general, the court must be governed, so far as
appropriate and practicable, by the provisions of article three hundred
governing the court`s submission of counts and offenses to a jury upon a
jury trial.

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