New York § 310.70 Rendition of partial verdict and effect thereof

New York Statutes

§ 310.70 — Rendition of partial verdict and effect thereof

New York § 310.70

JurisdictionNew York

Law CPLCriminal Procedure

Title JProsecution of Indictments In Superior Courts--plea to Sentence

Part 2The Principal Proceedings

Art. 310Jury Trial--deliberation and Verdict of Jury

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Bluebook

N.Y. Criminal Procedure § 310.70 (2026).

Text

§ 310.70  Rendition of partial verdict and effect thereof.\n  1.  If a deliberating jury declares that it has reached a verdict with\nrespect to one or more but not all of the offenses submitted to it, or\nwith respect to one or more but not all of the defendants, the court\nmust proceed as follows:\n  (a)  If the possibility of ultimate agreement with respect to the\nother submitted offenses or defendants is so small and the circumstances\nare such that if they were the only matters under consideration the\ncourt would be authorized to discharge the jury pursuant to paragraph\n(a) of subdivision one of section 310.60, the court must terminate the\ndeliberation and order the jury to render a partial verdict with respect\nto those offenses and defendants upon which or with respect to whom i

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§ 310.70 Rendition of partial verdict and effect thereof.\n 1. If a deliberating jury declares that it has reached a verdict with\nrespect to one or more but not all of the offenses submitted to it, or\nwith respect to one or more but not all of the defendants, the court\nmust proceed as follows:\n (a) If the possibility of ultimate agreement with respect to the\nother submitted offenses or defendants is so small and the circumstances\nare such that if they were the only matters under consideration the\ncourt would be authorized to discharge the jury pursuant to paragraph\n(a) of subdivision one of section 310.60, the court must terminate the\ndeliberation and order the jury to render a partial verdict with respect\nto those offenses and defendants upon which or with respect to whom it\nhas reached a verdict;\n (b) If the court is satisfied that there is a reasonable possibility\nof ultimate agreement upon any of the unresolved offenses with respect\nto any defendant, it may either:\n (i) Order the jury to render its verdict with respect to those\noffenses and defendants upon which or with respect to whom it has\nreached agreement and resume its deliberation upon the remainder; or\n (ii) Refuse to accept a partial verdict at the time and order the\njury to resume its deliberation upon the entire case.\n 2. Following the rendition of a partial verdict pursuant to\nsubdivision one, a defendant may be retried for any submitted offense\nupon which the jury was unable to agree unless:\n (a) A verdict of conviction thereon would have been inconsistent with\na verdict, of either conviction or acquittal, actually rendered with\nrespect to some other offense, or\n (b) The submitted offense which was the subject of the disagreement,\nand some other submitted offense of higher or equal grade which was the\nsubject of a verdict of conviction, were so related that consecutive\nsentences thereon could not have been imposed upon a defendant convicted\nof both such offenses.\n 3. As used in this section, a "submitted offense" means any offense\nsubmitted by the court to the jury, whether it be one which was\nexpressly charged in a count of the indictment or a lesser included\noffense thereof submitted pursuant to section 300.50.\n