N.Y. CPL Law § 300.10 — New York Code / Act CPL / Part 2 / Title J / Article 300 / Section 300.10
Court's charge; in general
Status: in_force

§ 300.10  Court's charge; in general.\n  1.  At the conclusion of the summations, the court must deliver a\ncharge to the jury.\n  2.  In its charge, the court must state the fundamental legal\nprinciples applicable to criminal cases in general.  Such principles\ninclude, but are not limited to, the presumption of the defendant's\ninnocence, the requirement that guilt be proved beyond a reasonable\ndoubt and that the jury may not, in determining the issue of guilt or\ninnocence, consider or speculate concerning matters relating to sentence\nor punishment.  Upon request of a defendant who did not testify in his\nown behalf, but not otherwise, the court must state that the fact that\nhe did not testify is not a factor from which any inference unfavorable\nto the defendant may be drawn.  The court must also state the material\nlegal principles applicable to the particular case, and, so far as\npracticable, explain the application of the law to the facts, but it\nneed not marshal or refer to the evidence to any greater extent than is\nnecessary for such explanation.\n  3. Where a defendant has raised the affirmative defense of lack of\ncriminal responsibility by reason of mental disease or defect, as\ndefined in section 40.15 of the penal law, the court must, without\nelaboration, instruct the jury as follows: "A jury during its\ndeliberations must never consider or speculate concerning matters\nrelating to the consequences of its verdict. However, because of the\nlack of common knowledge regarding the consequences of a verdict of not\nresponsible by reason of mental disease or defect, I charge you that if\nthis verdict is rendered by you there will be hearings as to the\ndefendant's present mental condition and, where appropriate, involuntary\ncommitment proceedings."\n  4.  The court must specifically designate and submit, in accordance\nwith the provisions of sections 300.30 and 300.40, those counts and\noffenses contained and charged in the indictment which the jury are to\nconsider.  Such determination must be made, and the parties informed\nthereof, prior to the summations.  In its charge, the court must define\neach offense so submitted and, except as otherwise expressly provided,\nit must instruct the jury to render a verdict separately and\nspecifically upon each count submitted to it, and with respect to each\ndefendant if there be more than one, and must require that the verdict\nupon each such count be one of the following:\n  (a)  "Guilty" of the offense submitted, if there be but one; or\n  (b)  Where appropriate, "guilty" of a specified one of two or more\noffenses submitted under the same count in the alternative pursuant to\nsection 300.40; or\n  (c)  "Not guilty"; or\n  (d)  Where appropriate, "not responsible by reason of mental disease\nor defect."\n  5.  Both before and after the court's charge, the parties may submit\nrequests to charge, either orally or in writing, and the court must rule\npromptly upon each request.  A failure to rule upon a request is deemed\na denial thereof.\n  6. In a prosecution involving a charge of enterprise corruption, as\ndefined in article four hundred sixty of the penal law, the court must\nspecifically designate and separately submit for jury consideration\nthose criminal acts which are contained and charged in the indictment\nand which are supported by legally sufficient trial evidence. Every\ncriminal act which is not so supported shall be dismissed  and stricken\nfrom the indictment. If legally sufficient trial evidence exists to\nsupport a lesser included offense which is also a criminal act within\nthe meaning of subdivision one of section 460.10 of the penal law, such\nlesser offense shall be substituted. Such determination must be made and\nthe parties informed thereof, prior to the summations. In its charge,\nthe court must define each criminal act so submitted and, as when it may\nor must do so pursuant to sections 300.40 and 300.50 of this article,\nany lesser included offense that is also a criminal act within the\nmeaning of subdivision one of section 460.10 of the penal law. It must\ninstruct the jury to render a verdict separately and specifically upon\neach criminal act (and where necessary, any submitted lesser included\noffense) submitted to it with respect to each defendant. It must further\nexplain to the jury that they may not consider a charge of enterprise\ncorruption against any defendant until they have separately and\nunanimously agreed that the defendant has committed each of at least\nthree criminal acts alleged as part of the pattern of criminal activity,\nincluding any submitted lesser included offenses.\n