§ 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 members of the panel returned for […]
§ 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 made […]
§ 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, or if such challenge is made and disallowed, the court shall direct that the names of not less than twelve members of the panel be drawn and called as prescribed […]
§ 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 outside the presence of the other prospective jurors regarding their […]
§ 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 likely […]
§ 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 allowed the following number of peremptory challenges: (a) Twenty […]
§ 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 125.27 of the penal law, the court […]
§ 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 unavailable for continued service, or […]
§ 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, admonitions that the jurors may not converse among themselves or with anyone else upon […]
§ 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 they be continuously kept together during such periods under […]
§ 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 in determining […]
§ 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 pursuant to section 400.27, the […]
