Non-jury trial; when authorized
§ 320.10 Non-jury trial; when authorized.
1. Except where the indictment charges the crime of murder in the first degree, the defendant, subject to the provisions of subdivision two, may at any time before trial waive a jury trial and consent to a trial without a jury in the superior court in which the indictment is pending.
2. Such waiver must be in writing and must be signed by the defendant in person in open court in the presence of the court, and with the approval of the court. The court must approve the execution and submission of such waiver unless it determines that it is tendered as a stratagem to procure an otherwise impermissible procedural advantage or that the defendant is not fully aware of the consequences of the choice he is making. If the court disapproves the waiver, it must state upon the record its reasons for such disapproval.
1. When a waiver is allowed. A defendant may waive a jury trial and be tried without a jury in the superior court where the indictment is pending — at any time before trial — except where the indictment charges murder in the first degree. ★ (First-degree murder = no bench trial, period.)
2. Form and approval — ★ four strict requirements. The waiver must be:
The court must approve the waiver unless it finds either (a) it's a stratagem to gain an improper procedural advantage, or (b) the defendant isn't fully aware of the consequences of the choice. ★ If the court disapproves, it must state its reasons on the record.
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.
This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.