Relates to waivers of jury trials

BILL NUMBER:S4745

Title of bill

An act to amend the criminal procedure law, in relation to waivers of jury trials

Purpose

To require the district attorney's consent for a defendant to waive a jury trial.

Summary of provisions

Section 1 amends subdivision 2 of section 320.10 of the criminal procedure law to require that when a defendant wishes to waive his right to a jury, the district attorney must also consent to the waiver. Section 2 provides that this act shall take effect immediately.

Justification

Although there is a fundamental right to a jury trial, prior to 1937 the New York Constitution was construed as barring defendant's waiver of a jury trial of a felony. People v. Cosmos, 205 N.Y. 91 (1912). By enactment of Article 320 of the criminal procedure law defendants were granted the right to waive, except where the crime charged may be punished by death. The right is not absolute and must currently have the approval of a judge or justice of the court having jurisdiction to try the case.

Under federal practice the consent of the government as well as the approval of the court is required. FRCRP 25 el;Singer v. United States, 380 U.S.24 (19.65;).

The New York Court of Appeals held in People v. Kern, 75 N.Y.2d 658, cert. denied 498 U.S. 824, that jury service was a constitutionally protected civil right, secured to all citizens by Article 1.5 1 of the State Constitution. Furthermore, the legislature, through enactment of Section 500 of the judiciary laws 500 declared: "It is the policy of this state that all litigants in the courts of this state entitled to trial by jury shall have the right to grand and petit juries selected at random from a fair cross-section of the community in the county or other governmental subdivision wherein the court convenes; and that all eligible citizens shall have the opportunity to serve on grand and petit juries in the courts of this state, and shall have an obligation to serve when summoned for that purpose, unless excused.

By denying the citizens of this state a say in whether a criminal case is heard by a jury infringes upon the public's right to serve on the jury and to have criminal matters determined by a jury of eligible citizens. This legislation provides the People in the State of New York that say through the district attorney, by giving the district attorney, by giving the district attorney the power to disapprove the defendant's waiver of a jury trial.

Legislative history

2009: A.2054

Fiscal implications

None.

Effective date

Immediately upon becoming law.