330.25 – Removal After Verdict.
§ 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 interests of justice pursuant to article […]
330.30 – Motion to Set Aside Verdict; Grounds For.
§ 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 record which, if raised upon […]
330.40 – Motion to Set Aside Verdict; Procedure.
§ 330.40 Motion to set aside verdict; procedure. 1. A motion to set aside a verdict based upon a ground specified in subdivision one of section 330.30 need not be in writing, but the people must be given reasonable notice thereof and an opportunity to appear in opposition thereto. 2. A motion to set aside […]
330.50 – Motion to Set Aside Verdict; Order Granting Motion.
§ 330.50 Motion to set aside verdict; order granting motion. 1. Upon setting aside or modifying a verdict or a part thereof upon a ground specified in subdivision one of section 330.30, the court must take the same action as the appropriate appellate court would be required to take upon reversing or modifying a judgment […]
330.20 – Procedure Following Verdict or Plea of Not Responsible by Reason of Mental Disease or Defect.
§ 330.20 Procedure following verdict or plea of not responsible by reason of mental disease or defect. 1. Definition of terms. As used in this section, the following terms shall have the following meanings: (a) “Commissioner” means the state commissioner of mental health or the state commissioner of the office for people with developmental disabilities. […]
310.40 – Verdict; Rendition Thereof.
§ 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 unable to render and announce the verdict, the court may […]
310.50 – Verdict; Form; Reconsideration of Defective Verdict.
§ 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 or which is otherwise legally defective, the court must […]
310.60 – Discharge of Jury Before Rendition of Verdict and Effect Thereof.
§ 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 to any of the charges submitted and the […]
310.70 – Rendition of Partial Verdict and Effect Thereof.
§ 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 as follows: […]
310.80 – Recording and Checking of Verdict and Polling of Jury.
§ 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 negative, the jury must, if […]