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 230 - Removal of Action › 230.21 - Removal of Action to Certain Courts in an Adjoining County.

§ 230.21 Removal of action to certain courts in an adjoining county.
1.  In any county outside a city having a population of one million or
more, the court may, upon motion of the defendant and  with  consent  of
the  district attorney and the district attorney of the adjoining county
that has a superior  court  designated  a  human  trafficking  court  or
veterans treatment court by the chief administrator of the courts, order
that  the  indictment  and action be removed from the court in which the
matter is pending to such human trafficking court or veterans  treatment
court,  whereupon such court may then conduct such action to judgment or
other final disposition; provided, however,  that  no  court  may  order
removal  to  a  veterans  treatment  court  of  a  family offense charge
described in subdivision one of section 530.11 of this chapter  pursuant
to  this  section  where  the  accused  and the person alleged to be the
victim of such offense  charged  are  members  of  the  same  family  or
household  as  defined  in  such  subdivision one of section 530.11; and
provided further that an order of removal issued under this  subdivision
shall not take effect until five days after the date the order is issued
unless,  prior  to  such  effective date, the human trafficking court or
veterans treatment court notifies the court that issued the order that:
(a) it will not accept the action, in which event the order shall  not
take effect, or
(b)  it will accept the action on a date prior to such effective date,
in which event the order shall take effect upon such prior date.
2. Upon providing notification pursuant to paragraph  (a)  or  (b)  of
subdivision one of this section, the human trafficking court or veterans
treatment  court shall promptly give notice to the defendant, his or her
counsel and the district attorney of both counties.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 230 - Removal of Action › 230.30 - Removal of Action; Stay of Trial Pending Motion Therefor.

§ 230.30  Removal of action; stay of trial pending motion therefor.
1.  At any time when a timely motion for removal of an action from the
  county  court  to the supreme court or for a change of venue may be made
  pursuant to section 230.20, a justice holding  a  term  of  the  supreme
  court  in  the district in which the indictment is pending, or a justice
  of the appellate division of the department in which the  indictment  is
  pending, upon application of either the defendant or the people, may, in
  his  discretion  and  for good cause shown, order that the trial of such
  indictment be stayed for a designated period, not to exceed thirty  days
  from  the issuance of such order, to allow the applicant party to make a
  motion in the appropriate court for removal of the action from a  county
  court to the supreme court or for a change of venue.
2.    Such  an  order  may  be issued only upon an application made in
  writing and after reasonable notice and opportunity to be heard has been
  accorded the other party.
3.  Upon issuing the order, the supreme  court  justice  or  appellate
  division  justice must cause the order to be filed with the clerk of the
  court in which the  indictment  is  pending.    Thereafter,  no  further
  proceedings  may  be  had  in  such  court until a motion for removal or
  change of venue, as the case may  be,  if  made  within  the  designated
  period, has been determined, or until such designated period has expired
  without any such motion having been made.
4.  When such an application for a stay has been made to and denied by
  a justice of the supreme court or a justice of the appellate division, a
  second such application may not be made to any other such justice.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 230 - Removal of Action › 230.40 - Removal of Action; Determinations and Rulings Before and After Removal; by Which Courts Made.

§ 230.40  Removal of action; determinations and rulings before and after
removal; by which courts made.
Upon  any  removal of an indictment and action from one superior court
  to another pursuant to the provisions of  this  article,  determinations
  and  rulings with respect to the action made before such removal are not
  thereby rendered invalid.   All subsequent  determinations  and  rulings
  must  be  made  by  the  court  to which the action is removed; and such
  latter court is deemed  to  have  control  of  the  grand  jury  minutes
  underlying  the  indictment  for the purpose of determining post-removal
  motions addressed to the legal sufficiency of the grand jury evidence or
  the validity of the grand jury proceeding.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 245 - Discovery › 245.35 - Court Ordered Procedures to Facilitate Compliance.

§ 245.35 Court ordered procedures to facilitate compliance.
To   facilitate  compliance  with  this  article,  and  to  reduce  or
  streamline litigation of any disputes about discovery, the court in  its
  discretion may issue an order:
1.  Requiring  that  the  prosecutor  and  counsel  for  the defendant
  diligently confer to attempt to reach an accommodation as to any dispute
  concerning discovery prior to seeking a ruling from the court;
2. Requiring a discovery compliance conference  at  a  specified  time
  prior  to  trial between the prosecutor, counsel for all defendants, and
  the court or its staff;
3. Requiring the prosecution to  file  an  additional  certificate  of
  compliance  that  states that the prosecutor and/or an appropriate named
  agent has made reasonable inquiries of all  police  officers  and  other
  persons  who  have  participated in investigating or evaluating the case
  about the existence of any  favorable  evidence  or  information  within
  paragraph  (k)  of  subdivision  one  of section 245.20 of this article,
  including such evidence or information that was not reduced  to  writing
  or  otherwise  memorialized  or preserved as evidence, and has disclosed
  any such information to the defendant; and/or
4. Requiring other measures or  proceedings  designed  to  carry  into
  effect the goals of this article.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 245 - Discovery › 245.40 - Non-Testimonial Evidence From the Defendant.

§ 245.40 Non-testimonial evidence from the defendant.
1.  Availability.  After  the  filing of an accusatory instrument, and
subject to constitutional limitations, the court may, upon motion of the
prosecution  showing  probable  cause  to  believe  the  defendant   has
committed  the crime, a clear indication that relevant material evidence
will be found, and that the method used to secure such evidence is  safe
and  reliable,  require a defendant to provide non-testimonial evidence,
including to:
(a) Appear in a lineup;
(b) Speak for identification by a witness or potential witness;
(c) Be fingerprinted;
(d) Pose for photographs not involving reenactment of an event;
(e) Permit the taking of samples of the defendant's blood,  hair,  and
other  materials  of  the defendant's body that involves no unreasonable
intrusion thereof;
(f) Provide specimens of the defendant's handwriting; and
(g) Submit to a reasonable  physical  or  medical  inspection  of  the
defendant's body.
2. Limitations. This section shall not be construed to alter or in any
way  affect  the issuance of a similar court order, as may be authorized
by law, before the filing of an accusatory instrument,  consistent  with
such  rights  as the defendant may derive from the state constitution or
the United States constitution. This section shall not be  construed  to
alter  or  in any way affect the administration of a chemical test where
otherwise authorized. An order pursuant to this section may  be  denied,
limited or conditioned as provided in section 245.70 of this article.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 245 - Discovery › 245.45 - DNA Comparison Order.

§ 245.45 DNA comparison order.
Where  property  in  the prosecution's possession, custody, or control
  consists of  a  deoxyribonucleic  acid  ("DNA")  profile  obtained  from
  probative   biological   material   gathered   in  connection  with  the
  investigation of the crime, or the defendant, or the prosecution of  the
  defendant,  and the defendant establishes (a) that such profile complies
  with federal bureau of investigation or  state  requirements,  whichever
  are  applicable  and as such requirements are applied to law enforcement
  agencies seeking a keyboard search or similar comparison, and  (b)  that
  the  data  meets  state  DNA  index  system or national DNA index system
  criteria as such  criteria  are  applied  to  law  enforcement  agencies
  seeking  such  a  keyboard  search or similar comparison, the court may,
  upon motion of a defendant against whom an  indictment,  superior  court
  information,   prosecutor's   information,  information,  or  simplified
  information is pending, order an entity that has access to the  combined
  DNA  index  system  or  its successor system to compare such DNA profile
  against DNA databanks by keyboard searches, or  a  similar  method  that
  does  not  involve uploading, upon notice to both parties and the entity
  required to perform the search, upon a showing  by  the  defendant  that
  such  a comparison is material to the presentation of his or her defense
  and that the request is reasonable. For  purposes  of  this  section,  a
  "keyboard  search"  shall  mean  a  search  of a DNA profile against the
  databank in which the profile that is searched is  not  uploaded  to  or
  maintained in the databank.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 245 - Discovery › 245.55 - Flow of Information.

§ 245.55 Flow of information.
1.  Sufficient communication for compliance. The district attorney and
the assistant responsible for the case, or, if the matter is  not  being
prosecuted  by  the  district  attorney,  the prosecuting agency and its
assigned representative,  shall  endeavor  to  ensure  that  a  flow  of
information  is  maintained  between  the police and other investigative
personnel and his or her office sufficient to place within  his  or  her
possession  or  control  all  material  and information pertinent to the
defendant and the  offense  or  offenses  charged,  including,  but  not
limited to, any evidence or information discoverable under paragraph (k)
of subdivision one of section 245.20 of this article.
2.  Provision of law enforcement agency files. Absent a court order or
a requirement that defense counsel obtain a security clearance  mandated
by  law  or  authorized  government  regulation,  upon  request  by  the
prosecution, each New York state and local law enforcement agency  shall
make  available  to  the  prosecution  a  complete  copy of its complete
records and files related to  the  investigation  of  the  case  or  the
prosecution of the defendant for compliance with this article.
3.  911  telephone  call  and  police  radio  transmission  electronic
recordings,  police  worn  body  camera  recordings  and  other   police
recordings. (a) Whenever an electronic recording of a 911 telephone call
or  a  police radio transmission or video or audio footage from a police
body-worn camera or other police  recording  was  made  or  received  in
connection  with the investigation of an apparent criminal incident, the
arresting officer or  lead  detective  shall  expeditiously  notify  the
prosecution  in  writing  upon the filing of an accusatory instrument of
the existence of  all  such  known  recordings.  The  prosecution  shall
expeditiously  take  whatever  reasonable  steps are necessary to ensure
that all known electronic recordings  of  911  telephone  calls,  police
radio  transmissions  and  video  and  audio  footage  and  other police
recordings made or available in connection with the case are  preserved.
Upon  the  defendant's  timely  request  and  designation  of a specific
electronic recording of a 911 telephone call, the prosecution shall also
expeditiously take whatever reasonable steps  are  necessary  to  ensure
that it is preserved.
(b)  If the prosecution fails to disclose such an electronic recording
to the defendant pursuant to paragraph (e), (g) or  (k)  of  subdivision
one  of  section  245.20 of this article due to a failure to comply with
this  obligation  by  police  officers  or  other  law  enforcement   or
prosecution  personnel,  the  court  upon  motion of the defendant shall
impose an appropriate remedy or sanction pursuant to section  245.80  of
this article.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 245 - Discovery › 245.60 - Continuing Duty to Disclose.

§ 245.60 Continuing duty to disclose.
If  either  the  prosecution  or  the defendant subsequently learns of
  additional material or information which it would have been under a duty
  to disclose pursuant to any provisions of this article had it  known  of
  it at the time of a previous discovery obligation or discovery order, it
  shall  expeditiously  notify the other party and disclose the additional
  material and information as required for initial  discovery  under  this
  article.  This  section  also  requires  expeditious  disclosure  by the
  prosecution of material or information that became relevant to the  case
  or   discoverable  based  on  reciprocal  discovery  received  from  the
  defendant pursuant  to  subdivision  four  of  section  245.20  of  this
  article.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 245 - Discovery › 245.65 - Work Product.

§ 245.65 Work product.
This article does not authorize discovery by a party of those portions
  of records, reports, correspondence, memoranda, or internal documents of
  the  adverse party which are only the legal research, opinions, theories
  or conclusions of the adverse party or its attorney  or  the  attorney's
  agents,  or  of  statements  of  a  defendant,  written  or  recorded or
  summarized in any writing or recording, made to  the  attorney  for  the
  defendant or the attorney's agents.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 245 - Discovery › 245.75 - Waiver of Discovery by Defendant.

§ 245.75 Waiver of discovery by defendant.
1.  A defendant who does not seek discovery from the prosecution under
  this article shall so notify  the  prosecution  and  the  court  at  the
  defendant's  arraignment  on  an indictment, superior court information,
  prosecutor's information, information,  or  simplified  information,  or
  expeditiously   thereafter  but  before  receiving  discovery  from  the
  prosecution pursuant to  subdivision  one  of  section  245.20  of  this
  article, and the defendant need not provide discovery to the prosecution
  pursuant  to  subdivision  four  of section 245.20 and section 245.60 of
  this article. A waiver shall be in writing, signed  for  the  individual
  case  by  the  counsel  for  the defendant and filed with the court. The
  court shall inquire of the defendant on the record to  ensure  that  the
  defendant  understands  his or her right to discovery and right to waive
  discovery. Such a waiver does  not  alter  or  in  any  way  affect  the
  procedures,  obligations  or rights set forth in sections 250.10, 250.20
  and 250.30 of this title, or otherwise established or required  by  law.
  The  prosecution  may not condition a guilty plea offer on the defense's
  execution of a waiver under this section. Counsel for the defendant  may
  advise  his  or  her client about the defendant's right to discovery and
  right to waive discovery; such advice shall not constitute  a  condition
  of a guilty plea.
2.  Nothing in this section shall prevent the waiver of discovery from
  being a condition of  the  repleader,  where  the  defendant's  original
  conviction  is  vacated  on  agreement  between  the parties pursuant to
  section 440.10 of this part.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 245 - Discovery › 245.85 - Admissibility of Discovery.

§ 245.85 Admissibility of discovery.
The  fact  that  a party has indicated during the discovery process an
  intention to offer specified evidence or to call a specified witness  is
  not  admissible  in evidence or grounds for adverse comment at a hearing
  or a 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 250 - Pre-Trial Notices of Defenses › 250.20 - Notice of Alibi.

§ 250.20  Notice of alibi.
1.    At  any  time,  not more than twenty days after arraignment, the
  people may serve upon the defendant or his  counsel,  and  file  a  copy
  thereof  with the court, a demand that if the defendant intends to offer
  a trial defense that at the time of the commission of the crime  charged
  he was at some place or places other than the scene of the crime, and to
  call witnesses in support of such defense, he must, within eight days of
  service  of  such demand, serve upon the people, and file a copy thereof
  with the court, a "notice of alibi," reciting (a) the  place  or  places
  where the defendant claims to have been at the time in question, and (b)
  the  names,  the residential addresses, the places of employment and the
  addresses thereof of every such alibi witness upon whom  he  intends  to
  rely.  For good cause shown, the court may extend the period for service
  of the notice.
2.   Within a reasonable time after receipt of the defendant's witness
  list but not later than ten days before trial,  the  people  must  serve
  upon  the  defendant  or  his  counsel, and file a copy thereof with the
  court, a list of the witnesses the people propose to offer  in  rebuttal
  to  discredit  the  defendant's  alibi  at  the  trial together with the
  residential addresses,  the  places  of  employment  and  the  addresses
  thereof  of  any  such  rebuttal witnesses.   A witness who will testify
  that the defendant was at the scene of the crime is not  such  an  alibi
  rebuttal witness.  For good cause shown, the court may extend the period
  for service of the list of witnesses by the people.
3.   If at the trial the defendant calls such an alibi witness without
  having served the demanded notice of alibi, or if having served  such  a
  notice  he  calls a witness not specified therein, the court may exclude
  any testimony of such witness relating to the alibi defense.  The  court
  may  in  its  discretion receive such testimony, but before doing so, it
  must, upon application of the people, grant an adjournment not in excess
  of three days.
4.  Similarly, if the people fail to serve and  file  a  list  of  any
  rebuttal  witnesses,  the  provisions of subdivision three, above, shall
  reciprocally apply.
5.  Both the defendant and the people shall be under a continuing duty
  to promptly disclose the names and  addresses  of  additional  witnesses
  which  come  to the attention of either party subsequent to filing their
  witness lists as provided in this section.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 250 - Pre-Trial Notices of Defenses › 250.30 - Notice of Defenses in Offenses Involving Computers.

§ 250.30 Notice of defenses in offenses involving computers.
1.  In  any  prosecution in which the defendant seeks to invoke any of
  the defenses specified in section 156.50 of the penal law, the defendant
  must within forty-five days after arraignment and not less  than  twenty
  days before the commencement of the trial serve upon the people and file
  with  the  court  a  written  notice  of  his  intention to present such
  defense. For good cause shown, the  court  may  extend  the  period  for
  service of the notice.
2. The notice served must specify the subdivision or subdivisions upon
  which  the  defendant  relies and must also state the reasonable grounds
  that led the defendant to believe that he had the authorization required
  by the statute or the right required by the statute to  engage  in  such
  conduct.
3.  If  at the trial the defendant seeks to invoke any of the defenses
  specified in section 156.50 of the penal law without having  served  the
  notice  as  required,  or  seeks to invoke a subdivision or a ground not
  specified in the notice, the court may exclude any testimony or evidence
  in regard to the defense, or any subdivision or ground, not noticed. The
  court may  in  its  discretion,  for  good  cause  shown,  receive  such
  testimony  or evidence, but before doing so, it may, upon application of
  the people, grant an adjournment.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 250 - Pre-Trial Notices of Defenses › 250.40 - Notice of Intent to Seek Death Penalty.

§ 250.40 Notice of intent to seek death penalty.
1.  A  sentence of death may not be imposed upon a defendant convicted
  of murder in the first degree unless, pursuant  to  subdivision  two  of
  this  section,  the  people  file  with  the  court  and  serve upon the
  defendant a notice of intent to seek the death penalty.
2. In any prosecution in which the people seek a  sentence  of  death,
  the  people  shall,  within  one  hundred twenty days of the defendant's
  arraignment upon an indictment charging the defendant with murder in the
  first degree, serve upon the defendant and file with the court in  which
  the  indictment  is  pending  a  written notice of intention to seek the
  death penalty. For good cause shown the court may extend the period  for
  service and filing of the notice.
3.  Notwithstanding any other provisions of law, where the people file
  a notice of intent to seek the death penalty pursuant  to  this  section
  the  defendant  shall  be  entitled  to an additional sixty days for the
  purpose of filing new motions or supplementing pending motions.
4. A notice of intent to seek the death penalty may  be  withdrawn  at
  any  time  by  a  written  notice of withdrawal filed with the court and
  served upon the defendant. Once withdrawn the notice of intent  to  seek
  the death penalty may not be refiled.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 255 - Pre-Trial Motions › 255.10 - Definitions.

§ 255.10 Definitions.
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)  dismissing  an  information, prosecutor's information, simplified
information or misdemeanor complaint pursuant to article 170; or
(c) granting discovery pursuant to article 245; or
(d) granting a bill of particulars  pursuant  to  sections  100.45  or
200.90; or
(e) removing the action pursuant to sections 170.15, 230.20 or 230.30;
or
(f)  suppressing  the use at trial of any evidence pursuant to article
710; or
(g) granting separate trials pursuant to article 100 or 200.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 260 - Jury Trial--Generally › 260.10 - Jury Trial; Requirement Thereof.

§ 260.10  Jury trial; requirement thereof.
Except  as  otherwise  provided  in  section 320.10, every trial of an
  indictment must be 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 260 - Jury Trial--Generally › 260.20 - Jury Trial; Defendant's Presence at Trial.

§ 260.20  Jury trial; defendant's presence at trial.
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 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 J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 260 - Jury Trial--Generally › 260.30 - Jury Trial; in What Order to Proceed.

§ 260.30  Jury trial; in what order to proceed.
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 jury.
5.  The people must offer evidence in support of the indictment.
6.  The defendant may offer evidence in his defense.
7.  The people may offer evidence in rebuttal of the defense evidence,
  and  the  defendant  may then offer evidence in rebuttal of the people's
  rebuttal evidence.  The court may in its discretion permit  the  parties
  to  offer  further rebuttal or surrebuttal evidence in this pattern.  In
  the interest of justice, the court may  permit  either  party  to  offer
  evidence upon rebuttal which is not technically of a rebuttal nature but
  more properly a part of the offering party's original case.
8.    At  the  conclusion of the evidence, the defendant may deliver a
  summation to the jury.
9.  The people may then deliver a summation to the jury.
10.  The court must then deliver a charge to the jury.
11.  The jury must then retire to deliberate and, if possible,  render
  a verdict.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 270 - Jury Trial--Formation and Conduct of Jury › 270.05 - Trial Jury; Formation in General.

§ 270.05  Trial jury; formation in general.
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  panel
  returned  for  the  term who appear as their names are drawn and called,
  and who are not excluded as prescribed by this article,  must  be  sworn
  and thereupon constitute the trial 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 270 - Jury Trial--Formation and Conduct of Jury › 270.10 - Trial Jury; Challenge to the Panel.

§ 270.10  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 term 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
  judiciary  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 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 another panel  of  prospective
  trial jurors returned for the term.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 270 - Jury Trial--Formation and Conduct of Jury › 270.16 - Capital Cases; Individual Questioning for Racial Bias.

§ 270.16 Capital cases; individual questioning for racial bias.
1.  In any case in which the crime charged may be punishable by death,
  the court shall, upon  motion  of  either  party,  permit  the  parties,
  commencing   with   the   people,  to  examine  the  prospective  jurors
  individually and outside the presence of the  other  prospective  jurors
  regarding  their  qualifications to serve as jurors. Each party shall be
  afforded a fair opportunity to question a prospective juror  as  to  any
  unexplored matter affecting his or her qualifications, including without
  limitation the possibility of racial bias on the part of the prospective
  juror, but the court shall not permit questioning that is repetitious or
  irrelevant,  or questions as to a prospective juror's knowledge of rules
  of law. If necessary to prevent improper questioning as to  any  matter,
  the  court  shall  personally  examine the prospective jurors as to that
  matter. The scope of such examination shall be within the discretion  of
  the  court.  After  the  parties  have concluded their examinations of a
  prospective juror, the court may ask such further questions as it  deems
  proper regarding the qualifications of the prospective juror.
2.  The proceedings provided for in this section shall be conducted on
  the record; provided, however, that upon motion of either party, and for
  good  cause  shown,  the  court  may direct that all or a portion of the
  record of such proceedings be sealed.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 270 - Jury Trial--Formation and Conduct of Jury › 270.20 - Trial Jury; Challenge for Cause of an Individual Juror.

§ 270.20  Trial jury; challenge for cause of an individual juror.
1.    A challenge for cause is an objection to a prospective juror 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  was  a witness at the preliminary examination or before the
grand jury or is to be a witness at the trial; or
(e)  He served on the grand jury which found the indictment  in  issue
or  served on a trial jury in a prior civil or criminal action involving
the same incident charged in such indictment; or
(f) The crime charged may be punishable by death and  the  prospective
juror  entertains such conscientious opinions either against or in favor
of such punishment as to preclude such juror from rendering an impartial
verdict or from properly exercising the discretion conferred  upon  such
juror  by  law  in  the  determination of a sentence pursuant to section
400.27.
2.  All issues of fact or law arising on the challenge must  be  tried
and  determined  by  the court.   If the challenge is allowed, the court
must exclude the person challenged from service.  An erroneous ruling by
the court allowing  a  challenge  for  cause  by  the  people  does  not
constitute  reversible  error  unless  the  people  have exhausted their
peremptory challenges at the time or exhaust them before  the  selection
of  the  jury  is complete.   An erroneous ruling by the court denying a
challenge for cause by the  defendant  does  not  constitute  reversible
error  unless  the  defendant has exhausted his peremptory challenges at
the time or, if he has not, he peremptorily challenges such  prospective
juror  and  his peremptory challenges are exhausted before the selection
of the jury is complete.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 270 - Jury Trial--Formation and Conduct of Jury › 270.25 - Trial Jury; Peremptory Challenge of an Individual Juror.

§ 270.25  Trial jury; peremptory challenge of an individual 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 the following number of peremptory
challenges:
(a)  Twenty for the regular jurors if the highest crime charged  is  a
class A felony, and two for each alternate juror to be selected.
(b)   Fifteen for the regular jurors if the highest crime charged is a
class B or class C felony, and  two  for  each  alternate  juror  to  be
selected.
(c)    Ten for the regular jurors in all other cases, and two for each
alternate juror to be selected.
3.   When two or more defendants are  tried  jointly,  the  number  of
peremptory challenges prescribed in subdivision two is 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.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 270 - Jury Trial--Formation and Conduct of Jury › 270.30 - Trial Jury; Alternate Jurors.

§ 270.30 Trial jury; alternate jurors.
1.   Immediately after the last trial juror is sworn, the court may in
  its discretion direct the selection of one or more, but  not  more  than
  six additional jurors to be known as "alternate jurors", except that, in
  a  prosecution  under section 125.27 of the penal law, the court may, in
  its discretion, direct the selection of as many alternate jurors as  the
  court  determines  to be appropriate.  Alternate jurors must be drawn in
  the same manner, must have the same qualifications, must be  subject  to
  the  same  examination  and  challenges for cause and must take the same
  oath as the regular jurors. After the jury has  retired  to  deliberate,
  the  court  must  either  (1)  with the consent of the defendant and the
  people, discharge the alternate  jurors  or  (2)  direct  the  alternate
  jurors not to discuss the case and must further direct that they be kept
  separate and apart from the regular jurors.
2.  In  any  prosecution in which the people seek a sentence of death,
  the court shall not discharge the alternate jurors when the jury retires
  to deliberate  upon  its  verdict  and  the  alternate  jurors,  in  the
  discretion  of  the  court,  may be continuously kept together under the
  supervision of an appropriate public servant or servants until such time
  as the jury returns its verdict. If the jury returns a verdict of guilty
  to a charge for which the death penalty may be  imposed,  the  alternate
  jurors  shall  not  be discharged and shall remain available for service
  during  any  separate  sentencing  proceeding  which  may  be  conducted
  pursuant to 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 270 - Jury Trial--Formation and Conduct of Jury › 270.35 - Trial Jury; Discharge of Juror; Replacement by Alternate Juror.

§ 270.35 Trial jury; discharge of juror; replacement by alternate juror.
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
unknown  at  the  time  of  the  selection  of the jury, that a juror is
grossly unqualified to serve in the case or has engaged in misconduct of
a substantial nature, but not warranting the declaration of a  mistrial,
the court must discharge such juror. If an alternate juror or jurors are
available for service, the court must order that the discharged juror be
replaced  by  the alternate juror whose name was first drawn and called,
provided, however, that if the trial jury has begun  its  deliberations,
the  defendant must consent to such replacement. Such consent must be in
writing and must be signed by the defendant in person in open  court  in
the  presence  of the court. If the discharged juror was the foreperson,
the court shall designate as the new foreperson the juror whose name was
second drawn and called. If no alternate juror is available,  the  court
must declare a mistrial pursuant to subdivision three of section 280.10.
2.  (a)  In  determining  pursuant  to this section whether a juror is
unable to continue serving by reason of illness or other incapacity,  or
is  for  any  other  reason unavailable for continued service, the court
shall make  a  reasonably  thorough  inquiry  concerning  such  illness,
incapacity  or  unavailability, and shall attempt to ascertain when such
juror will be appearing in court. If such juror fails to appear,  or  if
the  court  determines that there is no reasonable likelihood such juror
will be appearing, in court within two hours of  the  time  set  by  the
court  for  the  trial  to  resume,  the court may presume such juror is
unavailable for continued service and may discharge such juror.  Nothing
contained  in  this paragraph shall affect the court's discretion, under
this or any other provision of law, to discharge a juror who  repeatedly
fails to appear in court in a timely fashion.
(b)  The  court  shall  afford  the parties an opportunity to be heard
before discharging a juror. If the court discharges a juror pursuant  to
this subdivision, it shall place on the record the facts and reasons for
its  determination  that such juror is ill, incapacitated or unavailable
for continued service.
(c)  Nothing  contained  in  this   subdivision   shall   affect   the
requirements  of  subdivision  one  of  this  section  pertaining to the
discharge of a juror where the trial jury has begun its deliberations.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 270 - Jury Trial--Formation and Conduct of Jury › 270.40 - Trial Jury; Preliminary Instructions by Court.

§ 270.40 Trial jury; preliminary instructions by court.
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 converse among
  themselves or with anyone else  upon  any  subject  connected  with  the
  trial;  that  they may not read or listen to any accounts or discussions
  of the case reported by newspapers or other news media;  that  they  may
  not  visit  or  view the premises or place where the offense or offenses
  charged were allegedly committed or any other premises or place involved
  in the case; that prior to discharge,  they  may  not  request,  accept,
  agree  to accept, or discuss with any person receiving or accepting, any
  payment or  benefit  in  consideration  for  supplying  any  information
  concerning  the  trial;  and that they must promptly report to the court
  any incident within their knowledge involving an attempt by  any  person
  improperly to influence any member of 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 270 - Jury Trial--Formation and Conduct of Jury › 270.45 - Trial Jury; When Separation Permitted.

§ 270.45  Trial jury; when separation permitted.
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  during
  such  periods  under the supervision of an appropriate public servant or
  servants.  In the latter case, such public servant or servants  may  not
  speak  to or communicate with any juror concerning any subject connected
  with the trial nor permit any other person to do so, and must return the
  jury to the court room at the next designated trial session.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 270 - Jury Trial--Formation and Conduct of Jury › 270.50 - Trial Jury; Viewing of Premises.

§ 270.50  Trial jury; viewing of premises.
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  factual
  issue,  it may in its discretion, at any time before the commencement of
  the summations, order that the jury be conducted  to  such  premises  or
  place  for  such  purpose  in  accordance  with  the  provisions of this
  section.
2.  In such case, the jury must be kept together throughout under  the
  supervision  of  an  appropriate public servant or servants appointed by
  the court, and the  court  itself  must  be  present  throughout.    The
  prosecutor,  the defendant and counsel for the defendant may as a matter
  of right be present throughout, but such right may be waived.
3.   The purpose of such an inspection  is  solely  to  permit  visual
  observation  by  the  jury  of  the  premises  or place in question, and
  neither the court, the parties, counsel nor the  jurors  may  engage  in
  discussion  or argumentation concerning the significance or implications
  of anything under observation or concerning any issue in the case.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 270 - Jury Trial--Formation and Conduct of Jury › 270.55 - Sentencing Jury in Capital Cases.

§ 270.55 Sentencing jury in capital cases.
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 court may in
  its discretion either permit the jurors to separate during recesses  and
  adjournments  or  direct  that they be continuously kept together during
  such periods under the supervision of an appropriate public  servant  or
  servants.  In  the  latter case, such public servant or servants may not
  speak to or communicate with any juror concerning any subject  connected
  with the sentencing proceeding nor permit any other person to do so, and
  must  return  the jury to the court room at the next designated session.
  Unless otherwise provided for  in  section  400.27,  the  provisions  of
  sections   270.35,   270.40  and  270.50  shall  govern  the  sentencing
  proceeding provided for 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 280 - Jury Trial---Motion for a Mistrial › 280.10 - Motion for Mistrial.

§ 280.10  Motion for mistrial.
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 or
  outside the  courtroom,  which  is  prejudicial  to  the  defendant  and
  deprives  him  of  a fair trial.   When such an error, defect or conduct
  occurs during a joint trial of two or more  defendants  and  a  mistrial
  motion  is  made by one or more but not by all, the court must declare a
  mistrial only as to the defendant or defendants making or joining in the
  motion, and the trial of the other defendant or defendants must proceed;
2.  Upon motion of the people, when there  occurs  during  the  trial,
  either  inside  or  outside  the  courtroom,  gross  misconduct  by  the
  defendant or some person acting on his behalf, or by a juror,  resulting
  in  substantial  and  irreparable  prejudice to the people's case.  When
  such misconduct occurs during a joint trial of two or  more  defendants,
  and  when  the  court is satisfied that it did not result in substantial
  prejudice to the people's case as against  a  particular  defendant  and
  that such defendant was in no way responsible for the misconduct, it may
  not  declare  a mistrial with respect to such defendant but must proceed
  with the trial as to him;
3.  Upon motion of either party or upon the court's own  motion,  when
  it is physically impossible to proceed with the trial in conformity with
  law.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 280 - Jury Trial---Motion for a Mistrial › 280.20 - Motion for Mistrial; Status of Indictment Upon New Trial.

§ 280.20  Motion for mistrial; status of indictment upon new trial.
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 mistrial order.