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 […]
310.85 – Verdict of Guilty Where Defendant Not Criminally Responsible.
§ 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 a verdict of guilty also is rendered […]
320.10 – Non-Jury Trial; When Authorized.
§ 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 […]
320.20 – Non-Jury Trial; Nature and Conduct Thereof.
§ 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 […]
330.10 – Disposition of Defendant After Verdict of Acquittal.
§ 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 responsible by reason of […]
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 […]