NYS CPL Law
Criminal Procedure Law
New York State Consolidated Laws
Article 260 - NY Criminal Procedure Law
S 260.10 Jury trial; requirement thereof.
Except as otherwise provided in section 320.10, every trial of an
indictment must be a jury trial.
S 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.
S 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
Top of Page
Criminal Procedure Law - Table of Contents
- A comprehensive on-line digest of New York's criminal code.