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This entry was published on 2014-09-22
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SECTION 270.16
Capital cases; individual questioning for racial bias
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 270
§ 270.16 Capital cases; individual questioning for racial bias.

1. In any case in which the crime charged may be punishable by death,
the court shall, upon motion of either party, permit the parties,
commencing with the people, to examine the prospective jurors
individually and outside the presence of the other prospective jurors
regarding their qualifications to serve as jurors. Each party shall be
afforded a fair opportunity to question a prospective juror as to any
unexplored matter affecting his or her qualifications, including without
limitation the possibility of racial bias on the part of the prospective
juror, but the court shall not permit questioning that is repetitious or
irrelevant, or questions as to a prospective juror's knowledge of rules
of law. If necessary to prevent improper questioning as to any matter,
the court shall personally examine the prospective jurors as to that
matter. The scope of such examination shall be within the discretion of
the court. After the parties have concluded their examinations of a
prospective juror, the court may ask such further questions as it deems
proper regarding the qualifications of the prospective juror.

2. The proceedings provided for in this section shall be conducted on
the record; provided, however, that upon motion of either party, and for
good cause shown, the court may direct that all or a portion of the
record of such proceedings be sealed.