by admin | May 14, 2021 | Criminal Procedure, New York
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 mental disease or defect,...
by admin | May 14, 2021 | Criminal Procedure, New York
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...
by admin | May 14, 2021 | Criminal Procedure, New York
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...
by admin | May 14, 2021 | Criminal Procedure, New York
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 with respect to a...
by admin | May 14, 2021 | Criminal Procedure, New York
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 either party makes such...
by admin | May 14, 2021 | Criminal Procedure, New York
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: (a) If the possibility of...
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