Senate Bill S6735A

2025-2026 Legislative Session

Relates to peremptory challenges where there are two or more defendants

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Current Bill Status - In Senate Committee Codes Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2025-S6735 - Details

See Assembly Version of this Bill:
A934
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§270.25 & 360.30, CP L
Versions Introduced in 2023-2024 Legislative Session:
A10670

2025-S6735 - Summary

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

2025-S6735 - Sponsor Memo

2025-S6735 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6735
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  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  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.
                                                            LBD01314-01-5

2025-S6735A (ACTIVE) - Details

See Assembly Version of this Bill:
A934
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§270.25 & 360.30, CP L
Versions Introduced in 2023-2024 Legislative Session:
A10670

2025-S6735A (ACTIVE) - Summary

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

2025-S6735A (ACTIVE) - Sponsor Memo

2025-S6735A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6735--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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. Subdivision 2 of section 360.30 of the criminal procedure law  is
 amended to read as follows:
   2.  Each  party must be allowed three peremptory challenges.  When two
 or more defendants are tried jointly, such challenges are 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 defendants join in  such
 challenge,  OR IF THERE IS A TIE WHEN THERE IS AN EVEN NUMBER OF DEFEND-
 ANTS. Otherwise, it must be disallowed.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01314-03-5

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