CPL § 310.85

Verdict of guilty where defendant not criminally responsible

§ 310.85 Verdict of guilty where defendant not criminally responsible.

1. Where a verdict of guilty is rendered with respect to a crime, but the defendant is not criminally responsible for such crime by reason of infancy, the court shall proceed as provided in this section.

2. If a verdict of guilty also is rendered with respect to a crime for which the defendant is criminally responsible, or if the defendant is awaiting sentence upon another criminal conviction or is under a sentence of imprisonment on another criminal conviction, the verdict rendered with respect to a crime for which he is not criminally responsible must be set aside and shall be deemed a nullity.

3. In any case where the verdict is not set aside pursuant to subdivision two of this section, the court must order that the verdict be deemed vacated and replaced by a juvenile delinquency fact determination. Upon so ordering, the court must direct that the action be removed to the family court in accordance with the provisions of article seven hundred twenty-five of this chapter.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/310.85

In plain English

1. Applies where a guilty verdict is rendered but the defendant is not criminally responsible by reason of infancy.

2. If a guilty verdict is also rendered on a crime he is responsible for — or he's awaiting sentence / under sentence on another conviction — the infancy verdict must be set aside and is a nullity. ★

3. Otherwise, the court must vacate and replace the verdict with a juvenile delinquency fact determination and remove the action to Family Court under Article 725. ★

★ Exam hits:

The jury must be continuously kept together under a court officer, who may not communicate with them except on authorized/administerial matters.
Recess separation: capped at close of business on the 2nd day (or 3rd for good cause) after recess unless the defendant consents; weekend/holiday days roll to the next courthouse trial day; don't resume until all twelve reassemble.
Jury notes/questions are answered in the courtroom, with notice to both sides and in the defendant's presence — never privately.
Verdict is announced by the foreperson in the presence of court, prosecutor, defense counsel, and defendant.
Clerk sequence at verdict: record on minutes → read back → collective ask → poll on either party's application; any "no" → resume deliberating.
Three grounds to discharge without a verdict: deadlock, all-party consent, or mistrial (§ 280.10).
Enterprise corruption needs a unanimous special verdict on at least three criminal acts, or it's recorded as an acquittal.
An infancy-only guilty verdict becomes a juvenile delinquency determination removed to Family Court (Art. 725) — unless it must be set aside as a nullity under subd. 2.

Verbatim statute: CPL - Article 310

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.