N.Y. Crim. Proc. Law § 340.40
Modes of trial
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2023
As of January 1, 2015
§ 340.00 Modes of trial.\n 1. Except as otherwise provided in this section, a trial of an\ninformation in a local criminal court must be a single judge trial.\n 2. In any local criminal court a defendant who has entered a plea of\nnot guilty to an information which charges a misdemeanor must be\naccorded a jury trial, conducted pursuant to article three hundred\nsixty, except that in the New York city criminal court the trial of an\ninformation which charges a misdemeanor for which the authorized term of\nimprisonment is not more than six months must be a single judge trial.\nThe defendant may at any time before trial waive a jury trial in the\nmanner prescribed in subdivision two of section 320.10, and consent to a\nsingle judge trial.\n 3. A defendant entitled to a jury trial pursuant to subdivision two,\nshall be so entitled even though the information also charges an offense\nfor which he is otherwise not entitled to a jury trial. In such case,\nthe defendant is not entitled both to a jury trial and a separate single\njudge trial and the court may not order separate trials.\n 7. Notwithstanding any other provision of law, in any local criminal\ncourt the trial of a person who is an eligible youth within the meaning\nof the youthful offender procedure set forth in article seven hundred\ntwenty and who has not prior to commencement of the trial been convicted\nof a crime or adjudicated a youthful offender must be a single judge\ntrial.\n
§ 340.40 Modes of trial.\n 1. Except as otherwise provided in this section, a trial of an\ninformation in a local criminal court must be a single judge trial.\n 2. In any local criminal court a defendant who has entered a plea of\nnot guilty to an information which charges a misdemeanor must be\naccorded a jury trial, conducted pursuant to article three hundred\nsixty. The defendant may at any time before trial waive a jury trial in\nthe manner prescribed in subdivision two of section 320.10 of this\nchapter, and consent to a single judge trial.\n 3. A defendant entitled to a jury trial pursuant to subdivision two of\nthis section, shall be so entitled even though the information also\ncharges an offense for which he is otherwise not entitled to a jury\ntrial. In such case, the defendant is not entitled both to a jury trial\nand a separate single judge trial and the court may not order separate\ntrials.\n 4. Notwithstanding any other provision of law, in any local criminal\ncourt the trial of a person who is an eligible youth within the meaning\nof the youthful offender procedure set forth in article seven hundred\ntwenty of this chapter and who has not prior to commencement of the\ntrial been convicted of a crime or adjudicated a youthful offender must\nbe a single judge trial.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.