Bill Text: NY A10670 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that if there is a tie when there is an even number of defendants, a peremptory challenge must be allowed.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-08-28 - referred to codes [A10670 Detail]

Download: New_York-2023-A10670-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10670

                   IN ASSEMBLY

                                     August 28, 2024
                                       ___________

        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Magnarelli)
          -- read once and referred to the Committee on Codes

        AN ACT to amend the criminal procedure law, in  relation  to  peremptory
          challenges

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 3 of section 270.25 of the  criminal  procedure
     2  law is amended to read as follows:
     3    3.    When  two  or  more  defendants are tried jointly, the number of
     4  peremptory challenges prescribed in subdivision two of this  section  is
     5  not  multiplied  by the number of defendants, but such defendants are to
     6  be treated as a single party.  In any such case, a peremptory  challenge
     7  by  one  or more defendants must be allowed if a majority of the defend-
     8  ants join in such challenge, or if there is a tie when there is an  even
     9  number of defendants.  Otherwise, it must be disallowed.
    10    § 2. This act shall take effect immediately.







         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16010-01-4