by admin | May 14, 2021 | Criminal Procedure, New York
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...
by admin | May 14, 2021 | Criminal Procedure, New York
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...
by admin | May 14, 2021 | Criminal Procedure, New York
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 any material...
by admin | May 14, 2021 | Criminal Procedure, New York
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...
by admin | May 14, 2021 | Criminal Procedure, New York
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...
by admin | May 14, 2021 | Criminal Procedure, New York
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 the court finds, from facts...
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