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 › 300.10 - Court's Charge; in General.

§ 300.10  Court's charge; in general.
1.    At  the  conclusion  of the summations, the court must deliver a
charge to the jury.
2.   In its  charge,  the  court  must  state  the  fundamental  legal
principles  applicable  to  criminal cases in general.   Such principles
include, but are not limited to,  the  presumption  of  the  defendant's
innocence,  the  requirement  that  guilt  be proved beyond a reasonable
doubt and that the jury may not, in determining the issue  of  guilt  or
innocence, consider or speculate concerning matters relating to sentence
or  punishment.   Upon request of a defendant who did not testify in his
own behalf, but not otherwise, the court must state that the  fact  that
he  did not testify is not a factor from which any inference unfavorable
to the defendant may be drawn.  The court must also state  the  material
legal  principles  applicable  to  the  particular  case, and, so far as
practicable, explain the application of the law to  the  facts,  but  it
need  not marshal or refer to the evidence to any greater extent than is
necessary for such explanation.
3. Where a defendant has raised the affirmative  defense  of  lack  of
criminal  responsibility  by  reason  of  mental  disease  or defect, as
defined in section 40.15 of the  penal  law,  the  court  must,  without
elaboration,   instruct   the  jury  as  follows:  "A  jury  during  its
deliberations  must  never  consider  or  speculate  concerning  matters
relating  to  the  consequences  of its verdict. However, because of the
lack of common knowledge regarding the consequences of a verdict of  not
responsible  by reason of mental disease or defect, I charge you that if
this verdict is rendered by  you  there  will  be  hearings  as  to  the
defendant's present mental condition and, where appropriate, involuntary
commitment proceedings."
4.    The  court must specifically designate and submit, in accordance
with the provisions of sections 300.30  and  300.40,  those  counts  and
offenses  contained  and charged in the indictment which the jury are to
consider.  Such determination must be made,  and  the  parties  informed
thereof,  prior to the summations.  In its charge, the court must define
each offense so submitted and, except as otherwise  expressly  provided,
it   must   instruct  the  jury  to  render  a  verdict  separately  and
specifically upon each count submitted to it, and with respect  to  each
defendant  if  there be more than one, and must require that the verdict
upon each such count be one of the following:
(a)  "Guilty" of the offense submitted, if there be but one; or
(b)  Where appropriate, "guilty" of a specified one  of  two  or  more
offenses  submitted  under the same count in the alternative pursuant to
section 300.40; or
(c)  "Not guilty"; or
(d)  Where appropriate, "not responsible by reason of  mental  disease
or defect."
5.    Both before and after the court's charge, the parties may submit
requests to charge, either orally or in writing, and the court must rule
promptly upon each request.  A failure to rule upon a request is  deemed
a denial thereof.
6.  In  a  prosecution involving a charge of enterprise corruption, as
defined in article four hundred sixty of the penal law, the  court  must
specifically  designate  and  separately  submit  for jury consideration
those criminal acts which are contained and charged  in  the  indictment
and  which  are  supported  by  legally sufficient trial evidence. Every
criminal act which is not so supported shall be dismissed  and  stricken
from  the  indictment.  If  legally  sufficient trial evidence exists to
support a lesser included offense which is also a  criminal  act  within
the  meaning of subdivision one of section 460.10 of the penal law, such

lesser offense shall be substituted. Such determination must be made and
the parties informed thereof, prior to the summations.  In  its  charge,
the court must define each criminal act so submitted and, as when it may
or  must  do  so pursuant to sections 300.40 and 300.50 of this article,
any lesser included offense that is  also  a  criminal  act  within  the
meaning  of  subdivision one of section 460.10 of the penal law. It must
instruct the jury to render a verdict separately and  specifically  upon
each  criminal  act  (and where necessary, any submitted lesser included
offense) submitted to it with respect to each defendant. It must further
explain to the jury that they may not consider a  charge  of  enterprise
corruption   against  any  defendant  until  they  have  separately  and
unanimously agreed that the defendant has committed  each  of  at  least
three criminal acts alleged as part of the pattern of criminal activity,
including any submitted lesser included offenses.