STATE OF NEW YORK
2019-2020 Regular Sessions
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
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.
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.