§ 320.20 — Non-jury trial; nature and conduct thereof

New York § 320.20

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title J: Prosecution of Indictments In Superior Courts--plea to Sentence
• Part 2: The Principal Proceedings
• Art. 320: Waiver of Jury Trial and Conduct of Non-jury Trial

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§ 320.20 Non-jury trial; nature and conduct thereof.\n 1. A non-jury trial of an indictment must be conducted by one judge\nof the superior court in which the indictment is pending.\n 2. The court, in addition to determining all questions of law, is the\nexeclusive trier of all issues of fact and must render a verdict.\n 3. The order of the trial must be as follows:\n (a) The court must permit the parties to deliver opening addresses in\nthe order provided for a trial by jury pursuant to section 260.30.\n (b) The order in which evidence must or may be offered by the\nrespective parties is the same as that applicable to a jury trial of an\nindictment as prescribed in subdivisions five, six and seven of section\n260.30.\n (c) The court must permit the parties to deliver summations in the\norder provided for a trial by jury pursuant to section 260.30.\n (d) The court must then consider the case and render a verdict.\n 4. The provisions governing motion practice and general procedure\nwith respect to a jury trial are, wherever appropriate, applicable to a\nnon-jury trial.\n 5. Before considering a multiple count indictment for the purpose of\nrendering a verdict thereon, and before the summations if there be any,\nthe court must designate and state upon the record the counts upon which\nit will render a verdict and the particular defendant or defendants, if\nthere be more than one, with respect to whom it will render a verdict\nupon any particular count. In determining what counts, offenses and\ndefendants must be considered by it and covered by its verdict, and the\nform of the verdict in general, the court must be governed, so far as\nappropriate and practicable, by the provisions of article three hundred\ngoverning the court's submission of counts and offenses to a jury upon a\njury trial.\n