{"jurisdiction": "us-ny", "code": "cpl", "section": "320.20", "citation": "CPL § 320.20", "heading": "Non-jury trial; nature and conduct thereof", "text": ["§ 320.20  Non-jury trial; nature and conduct thereof.", "1.  A non-jury trial of an indictment must be conducted by one judge of the superior court in which the indictment is pending.", "2.  The court, in addition to determining all questions of law, is the execlusive trier of all issues of fact and must render a verdict.", "3.  The order of the trial must be as follows:", "(a)  The court must permit the parties to deliver opening addresses in the order provided for a trial by jury pursuant to section 260.30.", "(b)  The order in which evidence must or may be offered by the respective parties is the same as that applicable to a jury trial of an indictment as prescribed in subdivisions five, six and seven of section 260.30.", "(c)  The court must permit the parties to deliver summations in the order provided for a trial by jury pursuant to section 260.30.", "(d)  The court must then consider the case and render a verdict.", "4.  The provisions governing motion practice and general procedure with respect to a jury trial are, wherever appropriate, applicable to a non-jury trial.", "5.  Before considering a multiple count indictment for the purpose of rendering a verdict thereon, and before the summations if there be any, the court must designate and state upon the record the counts upon which it will render a verdict and the particular defendant or defendants, if there be more than one, with respect to whom it will render a verdict upon any particular count.  In determining what counts, offenses and defendants must be considered by it and covered by its verdict, and the form of the verdict in general, the court must be governed, so far as appropriate and practicable, by the provisions of article three hundred governing the court's submission of counts and offenses to a jury upon a jury trial."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/320.20", "from_official_api": true, "plain_english": "**1.** The trial is conducted by **one judge** of the superior court where the indictment is pending. ★\n\n**2.** That judge decides **all questions of law** AND is the **exclusive trier of all issues of fact**, and **must render a verdict**. ★ (In a jury trial the jury finds facts; here the judge does both jobs.)\n\n**3. Order of trial — mirrors a jury trial (§ 260.30):**\n- **(a)** opening addresses, in the order set for a jury trial by **§ 260.30**;\n- **(b)** evidence offered in the same order as a jury trial (per § 260.30 subds. 5, 6, and 7);\n- **(c)** summations, in the § 260.30 order;\n- **(d)** the court then **considers the case and renders a verdict**.\n\n**4.** The rules for **motion practice and general procedure** at a jury trial apply to a non-jury trial **wherever appropriate**.\n\n**5. Multiple-count indictments — ★.** Before considering a multi-count indictment for verdict (and before summations, if any), the judge must **designate and state on the record** which **counts** it will render a verdict on and, if more than one defendant, **which defendants** each count covers. In deciding what to cover and the **form of the verdict**, the court is **governed, so far as appropriate and practicable, by Article 300** (the rules for submitting counts/offenses to a jury). ★\n\n---\n\n**★ Exam hits:**\n- A jury waiver is allowed in any indictment **except murder in the first degree** (§ 320.10(1)).\n- The waiver must be **in writing, signed by the defendant in person, in open court, with the court's approval** — and only **before trial**. ★\n- The court **must approve** the waiver unless it's a **stratagem** or the **defendant isn't fully aware of the consequences**; **disapproval reasons go on the record** (§ 320.10(2)).\n- In a bench trial, **one judge** decides **both law and fact** and **renders the verdict** (§ 320.20(1)–(2)).\n- The bench trial follows the **same order as a jury trial under § 260.30** (openings → evidence → summations → verdict).\n- For **multiple counts/defendants**, the judge must **state on the record** which counts and defendants the verdict will cover, guided by **Article 300** (§ 320.20(5)).\n\n\n---\n*Verbatim statute:* [[CPL - Article 320]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/320.20", "publisher": "Elyphived LLC"}