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Assembly Bill A10670

2023-2024 Legislative Session

Relates to peremptory challenges where there are two or more defendants

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Archive: Last Bill Status - In Assembly Committee

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2023-A10670 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §270.25, CP L
Versions Introduced in 2025-2026 Legislative Session:
A934

2023-A10670 (ACTIVE) - Summary

Provides that if there is a tie when there is an even number of defendants, a peremptory challenge must be allowed.

2023-A10670 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10670
 
                           I N  A S S E M B L Y
 
                              August 28, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Magnarelli)
   -- read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in  relation  to  peremptory
   challenges
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 3 of section 270.25 of the  criminal  procedure
 law is amended to read as follows:
   3.    When  two  or  more  defendants are tried jointly, the number of
 peremptory challenges prescribed in subdivision two OF THIS  SECTION  is
 not  multiplied  by the number of defendants, but such defendants are to
 be treated as a single party.  In any such case, a peremptory  challenge
 by  one  or more defendants must be allowed if a majority of the defend-
 ants join in such challenge, OR IF THERE IS A TIE WHEN THERE IS AN  EVEN
 NUMBER OF DEFENDANTS.  Otherwise, it must be disallowed.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16010-01-4

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