New York statute
N.Y. Criminal Procedure Law § 340.40 — Modes of trial
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 340: Pre-trial Proceedings, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 340.40
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.
340.40 Modes of trial.
1. Except as otherwise provided in this section, a trial of an
information in a local criminal court must be a single judge trial.
2. In any local criminal court a defendant who has entered a plea of
not guilty to an information which charges a misdemeanor must be
accorded a jury trial, conducted pursuant to article three hundred
sixty. The defendant may at any time before trial waive a jury trial in
the manner prescribed in subdivision two of section 320.10 of this
chapter, and consent to a single judge trial.
3. A defendant entitled to a jury trial pursuant to subdivision two of
this section, shall be so entitled even though the information also
charges an offense for which he is otherwise not entitled to a jury
trial. In such case, the defendant is not entitled both to a jury trial
and a separate single judge trial and the court may not order separate
trials.
4. Notwithstanding any other provision of law, in any local criminal
court the trial of a person who is an eligible youth within the meaning
of the youthful offender procedure set forth in article seven hundred
twenty of this chapter and who has not prior to commencement of the
trial been convicted of a crime or adjudicated a youthful offender must
be a single judge trial.
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