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This entry was published on 2014-09-22
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SECTION 320.10
Non-jury trial; when authorized
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 320
§ 320.10 Non-jury trial; when authorized.

1. Except where the indictment charges the crime of murder in the
first degree, the defendant, subject to the provisions of subdivision
two, may at any time before trial waive a jury trial and consent to a
trial without a jury in the superior court in which the indictment is

2. Such waiver must be in writing and must be signed by the defendant
in person in open court in the presence of the court, and with the
approval of the court. The court must approve the execution and
submission of such waiver unless it determines that it is tendered as a
stratagem to procure an otherwise impermissible procedural advantage or
that the defendant is not fully aware of the consequences of the choice
he is making. If the court disapproves the waiver, it must state upon
the record its reasons for such disapproval.