S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3462
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred 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:
 
   Section 1. Section 340.40 of the criminal procedure law, as amended by
 chapter 815 of the laws of 1971 and subdivision 7 as  added  by  chapter
 981 of the laws of 1971, is amended to read as follows:
 § [340.00] 340.40 Modes of trial.
   1.  Except as otherwise provided in this section, a trial of an infor-
 mation in a local criminal court must be a single judge trial.
   2. In any local criminal court a defendant who has entered a  plea  of
 not  guilty  to  an  information  which  charges  a  misdemeanor must be
 accorded a jury trial,  conducted  pursuant  to  article  three  hundred
 sixty[,  except that in the New York city criminal court the trial of an
 information which charges a misdemeanor for which the authorized term of
 imprisonment is not more than six months must be a single judge  trial].
 The  defendant  may  at  any time before trial waive a jury trial in the
 manner prescribed in subdivision two of section 320.10 OF THIS  CHAPTER,
 and consent to a single judge trial.
   3. A defendant entitled to a jury trial pursuant to subdivision two OF
 THIS  SECTION,  shall  be  so  entitled even though the information also
 charges an offense for which he is otherwise  not  entitled  to  a  jury
 trial.  In such case, the defendant is not entitled both to a jury trial
 and a separate single judge trial and the court may not  order  separate
 trials.
   [7.] 4. Notwithstanding any other provision of law, in any local crim-
 inal  court  the  trial  of a person who is an eligible youth within the
 meaning of the youthful offender procedure set forth  in  article  seven
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03195-01-9

 A. 3462                             2
 
 hundred  twenty OF THIS CHAPTER and who has not prior to commencement of
 the trial been convicted of a crime or adjudicated a  youthful  offender
 must be a single judge trial.
   §  2.  This act shall take effect on the first of July next succeeding
 the date upon which it shall have become a  law.  Effective  immediately
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made on or before such date.