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Article 310 - NY Criminal Procedure Law
JURY TRIAL-DELIBERATION AND VERDICT OF JURY
S 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 to exceed twenty-four hours, except that in the case of a Saturday,
Sunday or holiday, such separation may extend beyond such twenty-four
hour period. Before each recess, the court must admonish the jury as
provided in section 270.40 of this chapter 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.
S 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
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.
S 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.
S 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.
S 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
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.
S 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
(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.
S 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.
S 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
S 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.
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