Provides that whenever courts submit two or more offenses in the alternative to the jury, and the jury cannot agree on a verdict as to the greatest offense, the court may instruct the jury that it may go on to consider any lesser included offense of that count; provides, however, that the court must instruct the jury that if the defendant is convicted of a lesser included offense, he or she may not be retried on the greater offense.
STATE OF NEW YORK
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2800
2013-2014 Regular Sessions
IN ASSEMBLY
January 18, 2013
___________
Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to jury consid-
eration of lesser included offenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 6 of section 300.50 of the criminal procedure
2 law is renumbered subdivision 7 and a new subdivision 6 is added to read
3 as follows:
4 6. Whenever the court submits two or more offenses in the alternative
5 pursuant to this section, and the jury communicates to the court that it
6 is unable to agree upon a verdict with respect to the greatest offense,
7 and the court concludes that such agreement is unlikely within a reason-
8 able time, the court may instruct that the jury may go on to consider
9 lesser included offenses of that count. If the court so instructs the
10 jury, it must also instruct the jury that if the defendant is convicted
11 of any such lesser included offense, the defendant cannot be retried for
12 the greatest offense.
13 § 2. This act shall take effect on the ninetieth day after it shall
14 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00640-01-3
