by admin | May 14, 2021 | Criminal Procedure, New York
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...
by admin | May 14, 2021 | Criminal Procedure, New York
The order of a jury trial, in general, is as follows:1. The jury must be selected and sworn.2. The court must deliver preliminary instructions to the jury.3. The people must deliver an opening address to the jury.4. The defendant may deliver an opening address to the...
by admin | May 14, 2021 | Criminal Procedure, New York
A defendant must be personally present during the trial of an indictment; provided, however, that a defendant who conducts himself in so disorderly and disruptive a manner that his trial cannot be carried on with him in the courtroom may be removed from the courtroom...
by admin | May 14, 2021 | Criminal Procedure, New York
Except as otherwise provided in section 320.10, every trial of an indictment must be a jury trial.N.Y. Crim. Proc. Law ยง 260.10
by admin | May 14, 2021 | Criminal Procedure, New York
1. Except as otherwise expressly provided by law, whether the defendant is represented by counsel or elects to proceed pro se, all pre-trial motions shall be served or filed within forty-five days after arraignment and before commencement of trial, or within such...
by admin | May 14, 2021 | Criminal Procedure, New York
1. “Pre-trial motion” as used in this article means any motion by a defendant which seeks an order of the court: (a) dismissing or reducing an indictment pursuant to article 210 or removing an action to the family court pursuant to article 722; or(b)...
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