§ 270.30 Trial jury; alternate jurors.

1. Immediately after the last trial juror is sworn, the court may in
its discretion direct the selection of one or more, but not more than
six additional jurors to be known as "alternate jurors", except that, in
a prosecution under section 125.27 of the penal law, the court may, in
its discretion, direct the selection of as many alternate jurors as the
court determines to be appropriate. Alternate jurors must be drawn in
the same manner, must have the same qualifications, must be subject to
the same examination and challenges for cause and must take the same
oath as the regular jurors. After the jury has retired to deliberate,
the court must either (1) with the consent of the defendant and the
people, discharge the alternate jurors or (2) direct the alternate
jurors not to discuss the case and must further direct that they be kept
separate and apart from the regular jurors.

2. In any prosecution in which the people seek a sentence of death,
the court shall not discharge the alternate jurors when the jury retires
to deliberate upon its verdict and the alternate jurors, in the
discretion of the court, may be continuously kept together under the
supervision of an appropriate public servant or servants until such time
as the jury returns its verdict. If the jury returns a verdict of guilty
to a charge for which the death penalty may be imposed, the alternate
jurors shall not be discharged and shall remain available for service
during any separate sentencing proceeding which may be conducted
pursuant to section 400.27.