CPL § 260.10

Jury trial; requirement thereof

§ 260.10 Jury trial; requirement thereof.

Except as otherwise provided in section 320.10, every trial of an indictment must be a jury trial.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/260.10

In plain English

Every trial of an indictment (the formal felony-level charging document) must be a jury trial. ★ The only exception: § 320.10, which lets a defendant waive the jury and have a bench trial (judge alone). So the default is a jury; the defendant has to affirmatively give it up.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.