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S00033 Summary:

BILL NOS00033
 
SAME ASSAME AS A03462
 
SPONSORHOYLMAN
 
COSPNSR
 
MLTSPNSR
 
Amd 340.40, CP L
 
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.
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S00033 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           33
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03195-01-9

        S. 33                               2
 
     1  meaning  of  the  youthful offender procedure set forth in article seven
     2  hundred twenty of this chapter and who has not prior to commencement  of
     3  the  trial  been convicted of a crime or adjudicated a youthful offender
     4  must be a single judge trial.
     5    §  2.  This act shall take effect on the first of July next succeeding
     6  the date upon which it shall have become a  law.  Effective  immediately
     7  the  addition,  amendment and/or repeal of any rule or regulation neces-
     8  sary for the implementation of  this  act  on  its  effective  date  are
     9  authorized to be made on or before such date.
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