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 › 270.15 - Trial Jury; Examination of Prospective Jurors; Challenges Generally.

§  270.15  Trial  jury;  examination  of  prospective jurors; challenges
generally.
1. (a) If no challenge to the panel is made as prescribed  by  section
270.10,  or  if  such  challenge is made and disallowed, the court shall
direct that the names of not less than twelve members of  the  panel  be
drawn  and called as prescribed by the judiciary law. Such persons shall
take their places in the jury box and  shall  be  immediately  sworn  to
answer  truthfully questions asked them relative to their qualifications
to serve as jurors in the action.  In  its  discretion,  the  court  may
require  prospective jurors to complete a questionnaire concerning their
ability to serve as fair and impartial jurors, including but not limited
to place of birth, current address, education,  occupation,  prior  jury
service,  knowledge  of, relationship to, or contact with the court, any
party, witness or attorney in the action and any other fact relevant  to
his  or her service on the jury. An official form for such questionnaire
shall  be  developed  by  the  chief  administrator  of  the  courts  in
consultation  with  the  administrative  board  of the courts. A copy of
questionnaires completed by the members of the panel shall be  given  to
the court and each attorney prior to examination of prospective jurors.
(b)  The court shall initiate the examination of prospective jurors by
identifying  the  parties  and  their  respective  counsel  and  briefly
outlining  the  nature  of case to all the prospective jurors. The court
shall then put to the members of the panel who have been sworn  pursuant
to  this  subdivision  and to any prospective jurors subsequently sworn,
questions affecting their qualifications  to  serve  as  jurors  in  the
action.
(c)  The  court shall permit both parties, commencing with the people,
to  examine  the  prospective  jurors,  individually  or   collectively,
regarding  their  qualifications to serve as jurors. Each party shall be
afforded a fair opportunity to question the prospective jurors as to any
unexplored matter affecting their qualifications, but  the  court  shall
not  permit  questioning that is repetitious or irrelevant, or questions
as to a 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 the prospective jurors, the
court may ask such further questions as it deems  proper  regarding  the
qualifications of such prospective jurors.
1-a.  The  court may for good cause shown, upon motion of either party
or any affected person or upon its own initiative,  issue  a  protective
order  for  a  stated  period  regulating  disclosure of the business or
residential address of any prospective or sworn juror to any  person  or
persons,  other  than to counsel for either party. Such good cause shall
exist where the court determines that there is a likelihood of  bribery,
jury tampering or of physical injury or harassment of the juror.
2.    Upon  the  completion of such examination by both parties, each,
commencing with the people, may challenge a prospective juror for cause,
as prescribed by section 270.20.   If such  challenge  is  allowed,  the
prospective  juror  must  be excluded from service.   After both parties
have had an opportunity to challenge for cause, the  court  must  permit
them  to  peremptorily  challenge  any  remaining  prospective juror, as
prescribed by section 270.25, and  such  juror  must  be  excluded  from
service.  The people must exercise their peremptory challenges first and
may  not,  after  the defendant has exercised his peremptory challenges,
make such a challenge to any remaining prospective juror who is then  in
the  jury box. If either party so requests, challenges for cause must be
made and determined, and peremptory challenges must be made, within  the

courtroom  but  outside of the hearing of the prospective jurors in such
manner  as  not  to  disclose  which  party  made  the  challenge.   The
prospective  jurors  who are not excluded from service must retain their
place  in  the  jury  box and must be immediately sworn as trial jurors.
They must be sworn to try the action in a just and impartial manner,  to
the best of their judgment, and to render a verdict according to the law
and the evidence.
3.    The  court  may  thereupon  direct  that the persons excluded be
replaced in the jury box by an equal number from the panel  or,  in  its
discretion,  direct  that  all sworn jurors be removed from the jury box
and that the jury box be occupied by such additional number  of  persons
from  the  panel  as the court shall direct.  In the court's discretion,
sworn jurors who are removed from the jury box as provided herein may be
seated elsewhere in the courtroom separate and apart  from  the  unsworn
members of the panel or may be removed to the jury room or be allowed to
leave  the  courthouse.    The  process  of jury selection as prescribed
herein shall continue until twelve persons are  selected  and  sworn  as
trial  jurors.   The juror whose name was first drawn and called must be
designated by the court as the foreperson, and no special oath  need  be
administered  to him or her.  If before twelve jurors are sworn, a juror
already sworn becomes unable to serve by  reason  of  illness  or  other
incapacity, the court must discharge him or her and the selection of the
trial jury must be completed in the manner prescribed in this section.
4.    A  challenge  for cause of a prospective juror which is not made
before he is sworn as a trial juror shall be deemed to have been waived,
except that such a challenge based  upon  a  ground  not  known  to  the
challenging  party at that time may be made at any time before a witness
is sworn at the trial.  If such challenge is allowed by the  court,  the
juror  shall  be discharged and the selection of the trial jury shall be
completed in the manner prescribed  in  this  section,  except  that  if
alternate  jurors  have  been  sworn, the alternate juror whose name was
first drawn and called shall take the place of the juror so discharged.