by admin | May 14, 2021 | Criminal Procedure, New York
1. In submitting a count of an indictment to the jury, the court in its discretion may, in addition to submitting the greatest offense which it is required to submit, submit in the alternative any lesser included offense if there is a reasonable view of the evidence...
by admin | May 14, 2021 | Criminal Procedure, New York
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 of dismissal. The...
by admin | May 14, 2021 | Criminal Procedure, New York
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...
by admin | May 14, 2021 | Criminal Procedure, New York
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...
by admin | May 14, 2021 | Criminal Procedure, New York
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...
by admin | May 14, 2021 | Criminal Procedure, New York
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 the...
Recent Comments