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 […]
280.10 – Motion for Mistrial.
§ 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, or conduct inside or outside the […]
280.20 – Motion for Mistrial; Status of Indictment Upon New Trial.
§ 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 was thereafter dismissed by the court prior to […]
290.10 – Trial Order of Dismissal.
§ 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 upon the ground that the trial […]
300.10 – Court’s Charge; in General.
§ 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 to, the presumption of the defendant’s innocence, the […]
300.30 – Court’s Charge; Submission of Indictment to Jury; Definitions of Terms.
§ 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 in the alternative of both the offense charged and a lesser included […]
300.40 – Court’s Charge; Submission of Indictment to Jury; Counts to Be Submitted.
§ 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 supported should be dismissed by a trial order […]