reglab/statecodes huggingface dataset:
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 300 - Jury Trial--Court's Charge and Instructions to Jury › 300.30 - Court's Charge; Submission of Indictment to Jury; Definitions of Terms.

§  300.30  Court's charge; submission of indictment to jury; definitions
of terms.
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  included
  offense  or offenses.  When the court "submits a count," it must, at the
  least, submit the offense  charged  therein  if  such  is  supported  by
  legally  sufficient trial evidence, or if it is not, the greatest lesser
  included  offense  which  is  supported  by  legally  sufficient   trial
  evidence.
2.    "Consecutive  counts"  means two or more counts of an indictment
  upon which consecutive sentences may be imposed in  case  of  conviction
  thereon.
3.  "Concurrent counts" means two or more counts of an indictment upon
  which  concurrent  sentences  only  may be imposed in case of conviction
  thereon.
4.  "Inclusory concurrent counts."  Concurrent counts are  "inclusory"
  when  the offense charged in one is greater than any of those charged in
  the others and when the latter are all lesser offenses  included  within
  the greater.  All other kinds of concurrent counts are "non-inclusory."
5.    "Inconsistent counts."  Two counts are "inconsistent" when guilt
  of the offense charged in one necessarily negates guilt of  the  offense
  charged in the other.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 310 - Jury Trial--Deliberation and Verdict of Jury › 310.10 - Jury Deliberation; Requirement Of; Where Conducted.

§ 310.10 Jury deliberation; requirement of; where conducted.
1.  Following  the  court's  charge,  except  as otherwise provided by
  subdivision two of this section, the jury must retire to deliberate upon
  its verdict in a place outside the courtroom. It must be  provided  with
  suitable  accommodations therefor and must, except as otherwise provided
  in subdivision two of this section, be continuously kept together  under
  the  supervision of a court officer or court officers. In the event such
  court officer or court officers are not available,  the  jury  shall  be
  under  the  supervision  of  an  appropriate  public  servant  or public
  servants. Except when so authorized by  the  court  or  when  performing
  administerial  duties with respect to the jurors, such court officers or
  public servants, as the case may be, may not  speak  to  or  communicate
  with them or permit any other person to do so.
2.  At  any  time  after  the  jury  has been charged or commenced its
  deliberations, and after  notice  to  the  parties  and  affording  such
  parties an opportunity to be heard on the record outside of the presence
  of the jury, the court may declare the deliberations to be in recess and
  may  thereupon  direct  the  jury  to  suspend  its deliberations and to
  separate for a reasonable period of time to be specified by  the  court,
  not  lasting  beyond  close of business on the second day following such
  recess or, for good cause shown, beyond close of business on  the  third
  day following recess of jury deliberations unless the defendant consents
  to  a  longer  period  of suspension and separation. For the purposes of
  this section, where a day referred to in this  subdivision  falls  on  a
  Saturday, Sunday or holiday, such day shall mean the next day thereafter
  during  which  the  courthouse is open for the conduct of trials. Before
  each recess, the court must admonish the jury  as  provided  in  section
  270.40 of this title and direct it not to resume its deliberations until
  all  twelve  jurors  have  reassembled  in  the  designated place at the
  termination of the declared recess.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 310 - Jury Trial--Deliberation and Verdict of Jury › 310.20 - Jury Deliberation; Use of Exhibits and Other Material.

§ 310.20 Jury deliberation; use of exhibits and other material.
Upon retiring to deliberate, the jurors may take with them:
1.  Any  exhibits  received  in evidence at the trial which the court,
  after according the parties an opportunity to be heard upon the  matter,
  in its discretion permits them to take;
2.  A  written  list  prepared  by  the  court containing the offenses
  submitted to the jury by the  court  in  its  charge  and  the  possible
  verdicts thereon. Whenever the court submits two or more counts charging
  offenses  set  forth  in  the same article of the law, the court may set
  forth the dates, names of complainants or specific  statutory  language,
  without  defining  the  terms, by which the counts may be distinguished;
  provided, however, that the court shall instruct the jury in its  charge
  that  the  sole  purpose  of the notations is to distinguish between the
  counts; and
3. A written list prepared by the court containing the names of  every
  witness whose testimony has been presented during the trial, if the jury
  requests  such  a list and the court, in its discretion, determines that
  such a list will assist the jury.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 310 - Jury Trial--Deliberation and Verdict of Jury › 310.30 - Jury Deliberation; Request for Information.

§ 310.30  Jury deliberation; request for information.
At  any  time  during its deliberation, the jury may request the court
  for further instruction or information with respect  to  the  law,  with
  respect  to  the  content  or  substance  of any trial evidence, or with
  respect to any other matter pertinent to the jury's consideration of the
  case.  Upon such a request, the court  must  direct  that  the  jury  be
  returned  to  the  courtroom  and,  after  notice to both the people and
  counsel for the defendant, and in the presence of  the  defendant,  must
  give  such  requested  information  or  instruction  as  the court deems
  proper. With the consent of the parties and upon the request of the jury
  for further instruction with respect to a statute, the  court  may  also
  give  to  the  jury  copies  of  the  text  of any statute which, in its
  discretion, the court deems proper.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 310 - Jury Trial--Deliberation and Verdict of Jury › 310.40 - Verdict; Rendition Thereof.

§ 310.40 Verdict; rendition thereof.
1. The verdict must be rendered and announced by the foreperson of the
  jury  in  the  courtroom in the presence of the court, a prosecutor, the
  defendant's counsel and the defendant; provided, however, that where the
  foreperson refuses or is unable to render and announce the verdict,  the
  court may designate another member of the jury to do so.
2.  Before rendering and announcing the verdict, the foreperson of the
  jury, or such other member of the jury as may be designated by the court
  pursuant to subdivision one, must be asked whether the jury  has  agreed
  upon a verdict and must answer in the affirmative.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 310 - Jury Trial--Deliberation and Verdict of Jury › 310.50 - Verdict; Form; Reconsideration of Defective Verdict.

§ 310.50  Verdict; form; reconsideration of defective verdict.
1.    The  form  of the verdict must be in accordance with the court's
  instructions, as prescribed in article three hundred.
2.  If the jury renders a verdict which in form is not  in  accordance
  with  the  court's instructions or which is otherwise legally defective,
  the court must explain the defect or error and must direct the  jury  to
  reconsider  such  verdict,  to resume its deliberation for such purpose,
  and to render a proper verdict.   If the jury persists  in  rendering  a
  defective  or  improper  verdict, the court may in its discretion either
  order that the verdict in its entirety as to any defendant  be  recorded
  as an acquittal, or discharge the jury and authorize the people to retry
  the  indictment  or  a  specified  count  or  counts  thereof as to such
  defendant; provided that if it is clear that the jury intended to find a
  defendant not guilty upon any particular count,  the  court  must  order
  that the verdict be recorded as an acquittal of such defendant upon such
  count.
3.  If the court accepts a verdict which is defective or incomplete by
  reason  of  the jury's failure to render a verdict upon every count upon
  which it was instructed to do so, such verdict is deemed  to  constitute
  an acquittal upon every such count improperly ignored in the verdict.
4.  In  a  prosecution  involving a charge of enterprise corruption in
  violation of article four hundred sixty of the penal law, the jury  must
  separately and specifically render a special verdict with regard to each
  criminal   act  and  any  lesser  included  offense  submitted  for  its
  consideration as a part of a pattern of criminal activity in addition to
  its verdict on the charge of enterprise corruption. In the absence of  a
  unanimous  special  verdict  of  guilty  with regard to each of at least
  three criminal acts and/or lesser included offenses  submitted  for  its
  consideration   and   legally   sufficient   to  constitute  a  person's
  participation in a pattern of criminal activity within  the  meaning  of
  subdivision  four  of  section  460.10  of the penal law, the court must
  order that the verdict on the count charging  enterprise  corruption  be
  recorded as an acquittal.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 310 - Jury Trial--Deliberation and Verdict of Jury › 310.60 - Discharge of Jury Before Rendition of Verdict and Effect Thereof.

§  310.60    Discharge  of  jury  before rendition of verdict and effect
thereof.
1.  A deliberating jury may be discharged by the court without  having
rendered a verdict only when:
(a)   The jury has deliberated for an extensive period of time without
agreeing upon a verdict with respect to any of the charges submitted and
the court is satisfied that any such  agreement  is  unlikely  within  a
reasonable time; or
(b)    The  court,  the  defendant  and the people all consent to such
discharge; or
(c)  A mistrial is declared pursuant to section 280.10.
2.  When the jury is so discharged, the defendant or defendants may be
retried upon the indictment.   Upon  such  retrial,  the  indictment  is
deemed to contain all counts which it contained, except those which were
dismissed  or  were  deemed to have resulted in an acquittal pursuant to
subdivision one of section 290.10.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 310 - Jury Trial--Deliberation and Verdict of Jury › 310.70 - Rendition of Partial Verdict and Effect Thereof.

§ 310.70  Rendition of partial verdict and effect thereof.
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 ultimate agreement with respect to the
other submitted offenses or defendants is so small and the circumstances
are such that if they were the  only  matters  under  consideration  the
court  would  be  authorized to discharge the jury pursuant to paragraph
(a) of subdivision one of section 310.60, the court must  terminate  the
deliberation and order the jury to render a partial verdict with respect
to  those  offenses and defendants upon which or with respect to whom it
has reached a verdict;
(b)  If the court is satisfied that there is a reasonable  possibility
of  ultimate  agreement upon any of the unresolved offenses with respect
to any defendant, it may either:
(i)   Order the jury to render  its  verdict  with  respect  to  those
offenses  and  defendants  upon  which  or  with  respect to whom it has
reached agreement and resume its deliberation upon the remainder; or
(ii)  Refuse to accept a partial verdict at the  time  and  order  the
jury to resume its deliberation upon the entire case.
2.    Following  the  rendition  of  a  partial  verdict  pursuant  to
subdivision one, a defendant may be retried for  any  submitted  offense
upon which the jury was unable to agree unless:
(a)  A verdict of conviction thereon would have been inconsistent with
a  verdict,  of  either  conviction or acquittal, actually rendered with
respect to some other offense, or
(b)  The submitted offense which was the subject of the  disagreement,
and  some other submitted offense of higher or equal grade which was the
subject of a verdict of conviction, were  so  related  that  consecutive
sentences thereon could not have been imposed upon a defendant convicted
of both such offenses.
3.    As used in this section, a "submitted offense" means any offense
submitted by the court  to  the  jury,  whether  it  be  one  which  was
expressly  charged  in  a  count  of the indictment or a lesser included
offense thereof submitted pursuant to section 300.50.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 310 - Jury Trial--Deliberation and Verdict of Jury › 310.80 - Recording and Checking of Verdict and Polling of Jury.

§ 310.80 Recording and checking of verdict and polling of jury.
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 an application, be
  polled and each juror separately asked whether the verdict announced  by
  the  foreman  is  in  all  respects  his  verdict.  If  upon  either the
  collective or the separate inquiry any juror answers  in  the  negative,
  the  court must refuse to accept the verdict and must direct the jury to
  resume its deliberation. If no disagreement is expressed, the jury  must
  be  discharged  from  the  case, except as otherwise provided in section
  400.27.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 310 - Jury Trial--Deliberation and Verdict of Jury › 310.85 - Verdict of Guilty Where Defendant Not Criminally Responsible.

§ 310.85  Verdict of guilty where defendant not criminally responsible.
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  crime
  for  which  the defendant is criminally responsible, or if the defendant
  is awaiting sentence upon another criminal  conviction  or  is  under  a
  sentence  of  imprisonment  on  another criminal conviction, the verdict
  rendered with respect  to  a  crime  for  which  he  is  not  criminally
  responsible must be set aside and shall be deemed a nullity.
3.    In  any  case  where  the  verdict  is not set aside pursuant to
  subdivision two of this section, the court must order that  the  verdict
  be   deemed   vacated  and  replaced  by  a  juvenile  delinquency  fact
  determination.  Upon so ordering, the court must direct that the  action
  be  removed  to  the  family  court in accordance with the provisions of
  article seven hundred twenty-five of this chapter.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 320 - Waiver of Jury Trial and Conduct of Non-Jury Trial › 320.10 - Non-Jury Trial; When Authorized.

§ 320.10  Non-jury trial; when authorized.
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  indictment  is
  pending.
2.  Such waiver must be in writing and must be signed by the defendant
  in  person  in  open  court  in  the presence of the court, and with the
  approval of the court.    The  court  must  approve  the  execution  and
  submission  of such waiver unless it determines that it is tendered as a
  stratagem to procure an otherwise impermissible procedural advantage  or
  that  the defendant is not fully aware of the consequences of the choice
  he is making.  If the court disapproves the waiver, it must  state  upon
  the record its reasons for such disapproval.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 320 - Waiver of Jury Trial and Conduct of Non-Jury Trial › 320.20 - Non-Jury Trial; Nature and Conduct Thereof.

§ 320.20  Non-jury trial; nature and conduct thereof.
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 order of the trial must be as follows:
(a)  The court must permit the parties to deliver opening addresses in
the order provided for a trial by jury pursuant to section 260.30.
(b)   The order in which evidence  must  or  may  be  offered  by  the
respective  parties is the same as that applicable to a jury trial of an
indictment as prescribed in subdivisions five, six and seven of  section
260.30.
(c)    The  court must permit the parties to deliver summations in the
order provided for a trial by jury pursuant to section 260.30.
(d)  The court must then consider the case and render a verdict.
4.  The provisions governing motion  practice  and  general  procedure
with  respect to a jury trial are, wherever appropriate, applicable to a
non-jury trial.
5.  Before considering a multiple count indictment for the purpose  of
rendering  a verdict thereon, and before the summations if there be any,
the court must designate and state upon the record the counts upon which
it will render a verdict and the particular defendant or defendants,  if
there  be  more  than one, with respect to whom it will render a verdict
upon any particular count.   In determining what  counts,  offenses  and
defendants  must be considered by it and covered by its verdict, and the
form of the verdict in general, the court must be governed,  so  far  as
appropriate  and practicable, by the provisions of article three hundred
governing the court's submission of counts and offenses to a jury upon a
jury trial.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 330 - Proceedings From Verdict to Sentence › 330.10 - Disposition of Defendant After Verdict of Acquittal.

§ 330.10  Disposition of defendant after verdict of acquittal.
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, the provisions of section 330.20 of this  chapter  shall  govern
  all subsequent proceedings against the defendant.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 330 - Proceedings From Verdict to Sentence › 330.25 - Removal After Verdict.

§ 330.25 Removal after verdict.
1.  Where a defendant is a juvenile offender or an adolescent offender
  who does not stand convicted of murder in the second degree, upon motion
  and with the consent of the district attorney, the action may be removed
  to the family court in the interests  of  justice  pursuant  to  article
  seven hundred twenty-five of this chapter notwithstanding the verdict.
2.  If  the  district  attorney  consents  to  the  motion for removal
  pursuant to this section, he shall file a subscribed memorandum with the
  court setting forth (1) a recommendation that the interests  of  justice
  would  best  be served by removal of the action to the family court; and
  (2) if the conviction is of an offense set forth  in  paragraph  (b)  of
  subdivision one of section 722.22 of this chapter, specific factors, one
  or  more  of  which  reasonably support the recommendation, showing, (i)
  mitigating circumstances that bear directly upon the manner in which the
  crime was committed, or (ii)  where  the  defendant  was  not  the  sole
  participant  in  the  crime,  that  the  defendant's  participation  was
  relatively minor although not so minor as to  constitute  a  defense  to
  prosecution,  or  (iii)  where  the  juvenile  offender  has no previous
  adjudications of having committed a designated felony act, as defined in
  subdivision eight of section 301.2 of the family court  act,  regardless
  of  the  age  of the offender at the time of commission of the act, that
  the criminal act was not part of a pattern of criminal behavior and,  in
  view of the history of the offender, is not likely to be repeated.
3. If the court is of the opinion, based upon the specific factors set
  forth  in  the  district  attorney's  memorandum,  that the interests of
  justice would best be served by removal of  the  action  to  the  family
  court, the verdict shall be set aside and a plea of guilty of a crime or
  act for which the defendant is not criminally responsible may be entered
  pursuant to subdivision three or four of section 220.10 of this chapter.
  Upon accepting any such plea, the court must specify upon the record the
  portion  or  portions  of the district attorney's statement the court is
  relying upon as the basis of  its  opinion  and  that  it  believes  the
  interests  of  justice would best be served by removal of the proceeding
  to the family court. Such plea shall then be deemed  to  be  a  juvenile
  delinquency  fact  determination  and  the court upon entry thereof must
  direct that the action be removed to the family court in accordance with
  the provisions of article seven hundred twenty-five of this chapter.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 330 - Proceedings From Verdict to Sentence › 330.30 - Motion to Set Aside Verdict; Grounds For.

§ 330.30  Motion to set aside verdict; grounds for.
At  any  time  after  rendition  of  a  verdict  of  guilty and before
  sentence, the court may, upon motion of  the  defendant,  set  aside  or
  modify the verdict or any part thereof upon the following grounds:
1.  Any ground appearing in the record which, if raised upon an appeal
  from  a  prospective judgment of conviction, would require a reversal or
  modification of the judgment as a matter of law by an appellate court.
2.  That during the trial there occurred, out of the presence  of  the
  court,  improper  conduct  by  a  juror,  or improper conduct by another
  person in relation to a juror, which may  have  affected  a  substantial
  right of the defendant and which was not known to the defendant prior to
  the rendition of the verdict; or
3.   That new evidence has been discovered since the trial which could
  not have been produced by the defendant  at  the  trial  even  with  due
  diligence  on  his  part  and  which is of such character as to create a
  probability that had such  evidence  been  received  at  the  trial  the
  verdict would have been more favorable to the defendant.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 330 - Proceedings From Verdict to Sentence › 330.40 - Motion to Set Aside Verdict; Procedure.

§ 330.40  Motion to set aside verdict; procedure.
1.    A motion to set aside a verdict based upon a ground specified in
subdivision one of section 330.30 need not be in writing, but the people
must be given reasonable notice thereof and an opportunity to appear  in
opposition thereto.
2.    A motion to set aside a verdict based upon a ground specified in
subdivisions two and three of section 330.30 must be made and determined
as follows:
(a)  The motion must be in writing and upon reasonable notice  to  the
people.    The  moving papers must contain sworn allegations, whether by
the defendant or by another person or  persons,  of  the  occurrence  or
existence  of  all  facts  essential to support the motion.   Such sworn
allegations may be based upon personal knowledge of the affiant or  upon
information  and  belief,  provided that in the latter event the affiant
must state the sources of such  information  and  the  grounds  of  such
belief;
(b)  The people may file with the court, and in such case must serve a
copy  thereof  upon  the  defendant or his counsel, an answer denying or
admitting any or all of the allegations of the moving papers;
(c)  After all papers of both parties have been filed, the court  must
consider  the  same  and,  if  the  motion  is  determinable pursuant to
paragraphs (d) or (e), must or may, as therein provided,  determine  the
motion without holding a hearing to resolve questions of fact;
(d)  The court must grant the motion if:
(i)    The  moving papers allege a ground constituting legal basis for
the motion; and
(ii)  Such papers contain sworn allegations of all facts essential  to
support such ground; and
(iii)  All the essential facts are conceded by the people to be true.
(e)  The court may deny the motion if:
(i)    The  moving  papers do not allege any ground constituting legal
basis for the motion; or
(ii)  The moving papers do not contain sworn allegations of all  facts
essential to support the motion.
(f)  If the court does not determine the motion pursuant to paragraphs
(d)  or  (e),  it  must  conduct  a  hearing  and  make findings of fact
essential to the determination thereof;
(g)  Upon such a hearing, the defendant has the burden of proving by a
preponderance of the  evidence  every  fact  essential  to  support  the
motion.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 330 - Proceedings From Verdict to Sentence › 330.50 - Motion to Set Aside Verdict; Order Granting Motion.

§ 330.50  Motion to set aside verdict; order granting motion.
1.  Upon setting aside or modifying a verdict or a part thereof upon a
  ground  specified  in  subdivision one of section 330.30, the court must
  take the same  action  as  the  appropriate  appellate  court  would  be
  required  to  take  upon  reversing  or  modifying  a  judgment upon the
  particular ground in issue.
2.    Upon  setting  aside  a  verdict  upon  a  ground  specified  in
  subdivision two of section 330.30, the court must order a new trial.
3.    Upon  setting  aside  a  verdict  upon  a  ground  specified  in
  subdivision three of section 330.30, the court must, except as otherwise
  provided in this subdivision, order a new trial.   If a verdict  is  set
  aside upon the ground that had the newly discovered evidence in question
  been  received  at  the  trial the verdict probably would have been more
  favorable to the defendant in that the conviction  probably  would  have
  been  for  a  lesser  offense than the one contained in the verdict, the
  court may either (a) set aside such verdict or (b) with the  consent  of
  the  people  modify  such verdict by reducing it to one of conviction of
  such lesser offense.
4.  Upon a new trial resulting from an order setting aside a  verdict,
  the indictment is deemed to contain all the counts and to charge all the
  offenses  which  it contained and charged at the time the previous trial
  was commenced, regardless of whether any  count  was  dismissed  by  the
  court  in  the  course  of such trial, except those upon or of which the
  defendant was acquitted or is deemed to have been acquitted.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title K - Prosecution of Informations in Local Criminal Courts-Plea to Sentence › Article 340 - Pre-Trail Proceedings › 340.10 - Definition of Terms.

§ 340.10  Definition of terms.
The following definitions are applicable to this title:
1.     "Information,"  in  addition  to  its  meaning  as  defined  in
  subdivision one of section 100.10, includes (a) a simplified information
  and (b) a prosecutor's information and (c) a misdemeanor complaint  upon
  which  the defendant, by a waiver executed pursuant to subdivision three
  of section 170.65, has consented to be prosecuted.
2.   "Single judge trial" means a trial  in  a  local  criminal  court
  conducted by one judge sitting without a jury.
3.   "Jury trial" means a trial in a local criminal court conducted by
  one judge sitting with a jury.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title K - Prosecution of Informations in Local Criminal Courts-Plea to Sentence › Article 340 - Pre-Trail Proceedings › 340.20 - The Plea.

§ 340.20  The plea.
1.    Except as provided in subdivisions two and three, the provisions
of  article  two  hundred  twenty,  governing  the  kinds  of  pleas  to
indictments which may be entered and related matters, are, to the extent
that  they  can  be so applied, applicable to pleas to informations, and
changes of pleas thereto, in local criminal courts.
2.  A plea to an information, other than one  against  a  corporation,
must be entered in the following manner:
(a)    Subject  to  the  provisions  of  paragraph  (b),  a plea to an
information must be entered orally by the defendant in person unless the
court permits entry thereof by counsel upon  the  filing  by  him  of  a
written  and  subscribed  statement  by  the defendant declaring that he
waives his right to plead to the information in person  and  authorizing
his  attorney  to  enter  a  plea  on  his  behalf  as  set forth in the
authorization.
(b)  If the only offense or offenses charged are traffic  infractions,
the  procedure  provided  in  sections  eighteen  hundred five, eighteen
hundred six and eighteen hundred seven of the vehicle and  traffic  law,
relating  to  pleas  in such cases, is, when appropriate, applicable and
controlling.
3.  A plea to an information against a corporation must be entered  by
counsel.
4. When a sentence is agreed upon by the prosecutor and a defendant as
a  predicate  to  entry of a plea of guilty, the court or the prosecutor
must orally on the record, or in writing filed with the court, state the
sentence agreed upon as a condition of such plea.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title K - Prosecution of Informations in Local Criminal Courts-Plea to Sentence › Article 340 - Pre-Trail Proceedings › 340.30 - Pre-Trial Discovery and Notices of Defenses.

§ 340.30 Pre-trial discovery and notices of defenses.
The  provisions  of  article  two  hundred  forty-five  of  this part,
  concerning pre-trial discovery by a  defendant  under  indictment  in  a
  superior  court,  and article two hundred fifty of this part, concerning
  pre-trial notice to the people by a  defendant  under  indictment  in  a
  superior  court who intends to advance a trial defense of mental disease
  or defect or of alibi, apply to a prosecution of  an  information  in  a
  local criminal court.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title K - Prosecution of Informations in Local Criminal Courts-Plea to Sentence › Article 340 - Pre-Trail Proceedings › 340.40 - Modes of Trial.

§ 340.40 Modes of trial.
1.  Except  as  otherwise  provided  in  this  section,  a trial of an
  information in a local criminal court must be a single judge trial.
2. In any local criminal court a defendant who has entered a  plea  of
  not  guilty  to  an  information  which  charges  a  misdemeanor must be
  accorded a jury trial,  conducted  pursuant  to  article  three  hundred
  sixty.  The defendant may at any time before trial waive a jury trial in
  the manner prescribed in subdivision  two  of  section  320.10  of  this
  chapter, and consent to a single judge trial.
3. A defendant entitled to a jury trial pursuant to subdivision two of
  this  section,  shall  be  so  entitled even though the information also
  charges an offense for which he is otherwise  not  entitled  to  a  jury
  trial.  In such case, the defendant is not entitled both to a jury trial
  and a separate single judge trial and the court may not  order  separate
  trials.
4.  Notwithstanding  any other provision of law, in any local criminal
  court the trial of a person who is an eligible youth within the  meaning
  of  the  youthful  offender procedure set forth in article seven hundred
  twenty of this chapter and who has not  prior  to  commencement  of  the
  trial  been convicted of a crime or adjudicated a youthful offender must
  be a single judge trial.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title K - Prosecution of Informations in Local Criminal Courts-Plea to Sentence › Article 340 - Pre-Trail Proceedings › 340.50 - Defendant's Presence at Trial.

§ 340.50  Defendant's presence at trial.
1.    Except as provided in subdivision two or three, a defendant must
  be personally present during the trial.
2.  On motion of a defendant represented by counsel, the court may, in
  the absence of an objection by the people,  issue  an  order  dispensing
  with  the requirement that the defendant be personally present at trial.
  Such an order may be  made  only  upon  the  filing  of  a  written  and
  subscribed statement by the defendant declaring that he waives his right
  to  be  personally  present at the trial and authorizing his attorney to
  conduct his defense.
3.  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 if, after he has been warned by the  court
  that  he  will  be removed if he continues such conduct, he continues to
  engage in such conduct.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title K - Prosecution of Informations in Local Criminal Courts-Plea to Sentence › Article 350 - Non-Jury Trials › 350.10 - Conduct of Single Judge Trial.

§ 350.10  Conduct of single judge trial.
1.    A single judge trial of an information in a local criminal court
must be conducted pursuant to this section.
2.  The court, in addition to determining all questions of law, is the
exclusive trier of all issues of fact and must render a verdict.
3.  The order of the trial must be as follows:
(a)  The court may in its discretion permit  the  parties  to  deliver
opening addresses.  If the court grants such permission to one party, it
must  grant  it  to  the  other  also.   If both parties deliver opening
addresses, the people's address must be delivered first.
(b)   The order in which evidence  must  or  may  be  offered  by  the
respective  parties is the same as that applicable to a jury trial of an
indictment as prescribed in subdivisions five, six and seven of  section
260.30.
(c)    The  court  may in its discretion permit the parties to deliver
summations.  If the court grants such permission to one party,  it  must
grant permission to the other also.  If both parties deliver summations,
the defendant's summation must be delivered first.
(d)  The court must then consider the case and render a verdict.
4.    The  provisions  governing motion practice and general procedure
with respect to a jury trial of an indictment are, wherever appropriate,
applicable to a non-jury trial of an information.
5.  If the information contains more than one count,  the  court  must
render  a  verdict  upon  each  count  not  previously dismissed or must
otherwise state upon the record its disposition of each such count.    A
verdict which does not so dispose of each count constitutes a verdict of
not guilty with respect to each undisposed of count.
6.    In  rendering  a  verdict  of  guilty  upon  a  count charging a
misdemeanor, the court may find the defendant guilty of such misdemeanor
if it is established by legally sufficient trial evidence, or guilty  of
any  lesser  included offense which is established by legally sufficient
trial evidence.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title K - Prosecution of Informations in Local Criminal Courts-Plea to Sentence › Article 350 - Non-Jury Trials › 350.20 - Trial by Judicial Hearing Officer.

§ 350.20 Trial by judicial hearing officer.
1. Notwithstanding any provision of section 350.10 of this article, in
any  case  where  a  single  judge  trial  of  an information in a local
criminal court is authorized or required, the court may, upon  agreement
of  the parties, assign a judicial hearing officer to conduct the trial.
Where such assignment  is  made,  the  judicial  hearing  officer  shall
entertain the case in the same manner as a court and shall:
(a) determine all questions of law;
(b) act as the exclusive trier of all issues of fact; and
(c) render a verdict.
2.  In  the  discharge  of  this  responsibility, the judicial hearing
officer shall have the same powers as a judge of the court in which  the
proceeding  is  pending.  The rules of evidence shall be applicable at a
trial conducted by a judicial hearing officer.
3. Any action taken by a judicial hearing officer in the conduct of  a
trial shall be deemed the action of the court in which the proceeding is
pending.
4.  This section shall not apply where the single judge trial is of an
information at least one count of which charges a class A misdemeanor.
5. Notwithstanding the provisions of subdivision one of this  section,
for  all  proceedings  before  the  district  court of Nassau county the
administrative judge of Nassau  county  may,  and  for  all  proceedings
before the district court of Suffolk county, the administrative judge of
Suffolk  county  may, without the consent of the parties, assign matters
involving traffic and parking  infractions  except  those  described  in
paragraphs (a), (b), (c), (d), (e) and (f) of subdivision two of section
three  hundred  seventy-one  of  the general municipal law to a judicial
hearing officer in accordance with the  provisions  of  section  sixteen
hundred  ninety  of  the vehicle and traffic law and for all proceedings
before the Buffalo city court the administrative  judge  of  the  eighth
judicial  district  may,  without  the  consent  of  the parties, assign
matters  involving  traffic  infractions  except  those   described   in
paragraphs  (a), (b), (c), (d), (e), (f) and (g) of subdivision two-a of
section three hundred seventy-one of the  general  municipal  law  to  a
judicial  hearing  officer  in accordance with the provisions of section
sixteen hundred ninety of the  vehicle  and  traffic  law  and  for  all
proceedings  before the Rochester city court the administrative judge of
the seventh judicial district may, without the consent of  the  parties,
assign  matters  involving traffic infractions except those described in
paragraphs (a), (b), (c), (d), (e), (f) and (g) of subdivision two-b  of
section  three  hundred  seventy-one  of  the general municipal law to a
judicial hearing officer in accordance with the  provisions  of  section
sixteen hundred ninety of the vehicle and traffic law.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title K - Prosecution of Informations in Local Criminal Courts-Plea to Sentence › Article 360 - Jury Trial › 360.05 - Jury Trial; Order of Trial.

§ 360.05  Jury trial; order of trial.
The  provisions  of section 260.30, governing the order of proceedings
  of a jury trial of an indictment in a superior court, are applicable  to
  a jury trial of an information in a local criminal court.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title K - Prosecution of Informations in Local Criminal Courts-Plea to Sentence › Article 360 - Jury Trial › 360.10 - Trial Jury; Formation in General.

§ 360.10  Trial jury; formation in general.
1.  A trial jury consists of six jurors, but "alternate jurors" may be
  selected and sworn pursuant to section 360.35.
2.    The panel from which the jury is drawn is formed and selected as
  prescribed in the uniform district court act, uniform  city  court  act,
  and  uniform justice court act.  In the New York city criminal court the
  panel from which the jury is drawn is formed and selected  in  the  same
  manner  as  is  prescribed for the formation and selection of a panel in
  the supreme court in counties within cities having a population  of  one
  million or more.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title K - Prosecution of Informations in Local Criminal Courts-Plea to Sentence › Article 360 - Jury Trial › 360.15 - Trial Jury; Challenge to the Panel.

§ 360.15  Trial jury; challenge to the panel.
1.   A challenge to the panel is an objection made to the entire panel
  of prospective trial jurors returned for the trial of the action and may
  be taken to such panel or to any additional panel that may be ordered by
  the court.  Such a challenge may be made only by the defendant and  only
  on the ground that there has been such a departure from the requirements
  of  the  appropriate  law  in  the  drawing or return of the panel as to
  result in substantial prejudice to the defendant.
2.  A challenge to the panel must be made before the selection of  the
  jury commences, and, if it is not, such challenge is deemed to have been
  waived.   Such challenge must be made in writing setting forth the facts
  constituting the ground of challenge.  If such facts are denied  by  the
  people,  witnesses  may  be  called  and examined by either party.   All
  issues of fact and questions of law arising on  the  challenge  must  be
  tried  and  determined  by  the  court.   If a challenge to the panel is
  allowed, the court must discharge that panel and  order  the  return  of
  another panel of prospective trial jurors.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title K - Prosecution of Informations in Local Criminal Courts-Plea to Sentence › Article 360 - Jury Trial › 360.20 - Trial Jury; Examination of Prospective Jurors; Challenges Generally.

§  360.20  Trial  jury;  examination  of  prospective jurors; challenges
generally.
If no challenge to the panel is made as prescribed by section  360.15,
  or  if such challenge is made and disallowed, the court must direct that
  the names of not less than six members of the panel be drawn and called.
  Such persons must take  their  places  in  the  jury  box  and  must  be
  immediately  sworn to answer truthfully questions asked them relative to
  their qualifications to serve as jurors in the  action.  The  procedural
  rules  prescribed  in  section 270.15 with respect to the examination of
  the prospective jurors and to challenges  are  also  applicable  to  the
  selection of a trial jury in a local criminal court.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title K - Prosecution of Informations in Local Criminal Courts-Plea to Sentence › Article 360 - Jury Trial › 360.25 - Trial Jury; Challenge for Cause of an Individual Juror.

§ 360.25 Trial jury; challenge for cause of an individual juror.
1.  A  challenge  for cause is an objection to a prospective member of
the jury and may be made only on the ground that:
(a) He does not have the qualifications required by the judiciary law;
or
(b) He has a state of  mind  that  is  likely  to  preclude  him  from
rendering  an  impartial  verdict based upon the evidence adduced at the
trial; or
(c) He is related within the sixth degree by consanguinity or affinity
to the defendant, or to  the  person  allegedly  injured  by  the  crime
charged, or to a prospective witness at the trial, or to counsel for the
people or for the defendant; or that he is or was a party adverse to any
such person in a civil action; or that he has complained against or been
accused  by  any such person in a criminal action; or that he bears some
other relationship to any such person of such nature that it  is  likely
to preclude him from rendering an impartial verdict; or
(d)  He  is  to  be  a  witness  at the trial; or where a prosecutor's
information was filed at the direction of a grand jury, he was a witness
before the grand jury or at the preliminary hearing; or
(e) He or she served on a trial jury in  a  prior  civil  or  criminal
action  involving  the  same  incident  charged; or where a prosecutor's
information was filed at the direction of a grand jury, he or she served
on the grand jury which directed such filing.
2. All issues of fact or questions of law  arising  on  the  challenge
must be tried and determined by the court. The provisions of subdivision
two  of section 270.20 with respect to challenges are also applicable to
the selection of a trial jury in a local criminal court.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title K - Prosecution of Informations in Local Criminal Courts-Plea to Sentence › Article 360 - Jury Trial › 360.30 - Trial Jury; Peremptory Challenge of an Individaul Juror.

§ 360.30  Trial jury; peremptory challenge of an individaul juror.
1.   A peremptory challenge is an objection to a prospective juror for
  which no reason need be assigned.   Upon any peremptory  challenge,  the
  court must exclude the person challenged from service.
2.   Each party must be allowed three peremptory challenges.  When two
  or more defendants are tried jointly, such challenges are not multiplied
  by the number of defendants, but such defendants are to be treated as  a
  single  party.   In any such case, a peremptory challenge by one or more
  defendants must be allowed if a majority of the defendants join in  such
  challenge.  Otherwise, it must be disallowed.