CPL § 270.55

Sentencing jury in capital cases

§ 270.55 Sentencing jury in capital cases.

During the period extending from when a jury returns a verdict of guilty upon a count of an indictment charging murder in the first degree as defined by section 125.27 of the penal law until a jury retires to deliberate on the sentence pursuant to section 400.27, the court may in its discretion either permit the jurors to separate during recesses and adjournments or direct that they be continuously kept together during such periods under the supervision of an appropriate public servant or servants. In the latter case, such public servant or servants may not speak to or communicate with any juror concerning any subject connected with the sentencing proceeding nor permit any other person to do so, and must return the jury to the court room at the next designated session. Unless otherwise provided for in section 400.27, the provisions of sections 270.35, 270.40 and 270.50 shall govern the sentencing proceeding provided for in section 400.27.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/270.55

In plain English

Between a murder-1st guilty verdict (§ 125.27) and the jury retiring to deliberate on sentence (§ 400.27), the court may (discretion) permit separation or keep jurors together under supervision (same no-communication rule as § 270.45).
Unless § 400.27 says otherwise, §§ 270.35, 270.40, and 270.50 govern the sentencing proceeding.

★ Exam hits:

Trial jury = 12 jurors (§ 270.05); up to 6 alternates (§ 270.30), unlimited alternates in murder-1st cases.
Peremptories per side: 20 (class A felony), 15 (class B/C felony), 10 (all others), +2 per alternate. Joint defendants = one party, counts not multiplied.
Challenge to the panel: defendant-only, in writing, before selection begins, or waived.
Challenge for cause not raised before swearing = waived, unless the ground was unknown (then any time before a witness is sworn).
Peremptory order: People go first. The first-drawn juror is foreperson.
Replacing a juror after deliberations begin requires the defendant's written consent in open court; no alternate available → mistrial; 2-hour rule presumes unavailability.
Sixth-degree relationship (blood or marriage) is a cause ground (§ 270.20).

Verbatim statute: CPL - Article 270

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.