{"jurisdiction": "us-ny", "code": "cpl", "section": "310.85", "citation": "CPL § 310.85", "heading": "Verdict of guilty where defendant not criminally responsible", "text": ["§ 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_source": "https://www.nysenate.gov/legislation/laws/CPL/310.85", "from_official_api": true, "plain_english": "1. Applies where a **guilty verdict** is rendered but the defendant is **not criminally responsible by reason of infancy**.\n2. 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**. ★\n3. 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**. ★\n\n---\n\n**★ Exam hits:**\n- The jury must be **continuously kept together** under a court officer, who may **not communicate** with them except on authorized/administerial matters.\n- **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.\n- Jury notes/questions are answered **in the courtroom, with notice to both sides and in the defendant's presence** — never privately.\n- Verdict is announced by the **foreperson** in the presence of court, prosecutor, defense counsel, and defendant.\n- Clerk sequence at verdict: **record on minutes → read back → collective ask → poll on either party's application**; any \"no\" → resume deliberating.\n- Three grounds to discharge without a verdict: **deadlock, all-party consent, or mistrial (§ 280.10)**.\n- Enterprise corruption needs a **unanimous special verdict on at least three** criminal acts, or it's recorded as an **acquittal**.\n- 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.\n\n\n---\n*Verbatim statute:* [[CPL - Article 310]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/310.85", "publisher": "Elyphived LLC"}