New York statute
N.Y. Criminal Procedure Law § 320.10 — Non-jury trial; when authorized
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 320: Waiver of Jury Trial and Conduct of Non-jury Trial, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 320.10
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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
pending.
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.
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