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This entry was published on 2014-09-22
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SECTION 360.35
Trial jury; alternate juror
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE K, ARTICLE 360
§ 360.35 Trial jury; alternate juror.

1. Immediately after the last trial juror is sworn, the court may in
its discretion direct the selection of either one or two additional
jurors to be known as "alternate jurors." The 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. Whether or not a party has used
its peremptory challenge in the selection of the trial jury, one
peremptory challenge is authorized in the selection of the alternate

2. The provisions of section 270.35 with respect to alternate jurors
are also applicable to a trial jury in a local criminal court.