Bill Text: NY A03462 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the right of a defendant who has entered a plea of not guilty to an information which charges a misdemeanor to a jury trial.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-14 - advanced to third reading cal.134 [A03462 Detail]

Download: New_York-2019-A03462-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3462
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced by M. of A. LENTOL -- read once and referred to the Committee
          on Codes
        AN  ACT to amend the criminal procedure law, in relation to the right of
          a defendant who has entered a plea of not  guilty  to  an  information
          which charges a misdemeanor to a jury trial
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 340.40 of the criminal procedure law, as amended by
     2  chapter 815 of the laws of 1971 and subdivision 7 as  added  by  chapter
     3  981 of the laws of 1971, is amended to read as follows:
     4  § [340.00] 340.40 Modes of trial.
     5    1.  Except as otherwise provided in this section, a trial of an infor-
     6  mation in a local criminal court must be a single judge trial.
     7    2. In any local criminal court a defendant who has entered a  plea  of
     8  not  guilty  to  an  information  which  charges  a  misdemeanor must be
     9  accorded a jury trial,  conducted  pursuant  to  article  three  hundred
    10  sixty[,  except that in the New York city criminal court the trial of an
    11  information which charges a misdemeanor for which the authorized term of
    12  imprisonment is not more than six months must be a single judge  trial].
    13  The  defendant  may  at  any time before trial waive a jury trial in the
    14  manner prescribed in subdivision two of section 320.10 of this  chapter,
    15  and consent to a single judge trial.
    16    3. A defendant entitled to a jury trial pursuant to subdivision two of
    17  this  section,  shall  be  so  entitled even though the information also
    18  charges an offense for which he is otherwise  not  entitled  to  a  jury
    19  trial.  In such case, the defendant is not entitled both to a jury trial
    20  and a separate single judge trial and the court may not  order  separate
    21  trials.
    22    [7.] 4. Notwithstanding any other provision of law, in any local crim-
    23  inal  court  the  trial  of a person who is an eligible youth within the
    24  meaning of the youthful offender procedure set forth  in  article  seven
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03195-01-9

        A. 3462                             2
     1  hundred  twenty of this chapter and who has not prior to commencement of
     2  the trial been convicted of a crime or adjudicated a  youthful  offender
     3  must be a single judge trial.
     4    §  2.  This act shall take effect on the first of July next succeeding
     5  the date upon which it shall have become a  law.  Effective  immediately
     6  the  addition,  amendment and/or repeal of any rule or regulation neces-
     7  sary for the implementation of  this  act  on  its  effective  date  are
     8  authorized to be made on or before such date.
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