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S04745 Summary:

BILL NO	S04745
SAME AS	No same as
SPONSOR	O'MARA
COSPNSR
MLTSPNSR
Amd S320.10, CP L
Relates to waivers of jury trials.

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S04745 Actions:

BILL NO	S04745
04/18/2011	REFERRED TO CODES
01/04/2012	REFERRED TO CODES

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S04745 Floor Votes:

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S04745 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4745
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                     April 18, 2011
                                       ___________
 
        Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
 
        AN ACT to amend the criminal procedure law, in relation  to  waivers  of
          jury trials
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 

     1    Section 1. Subdivision 2 of section 320.10 of the  criminal  procedure
     2  law is amended to read as follows:
     3    2.  Such waiver must be in writing and must be signed by the defendant
     4  in  person  in  open  court  in  the presence of the court, and with the
     5  approval of the court[. The] and the consent of the  district  attorney.
     6  If  the district attorney consents to the waiver, the court must approve
     7  the execution and submission of such waiver unless it determines that it
     8  is tendered as a stratagem to procure an otherwise impermissible  proce-
     9  dural  advantage  or that the defendant is not fully aware of the conse-
    10  quences of the choice he is making.  If the court disapproves the  waiv-
    11  er, it must state upon the record its reasons for such disapproval.
    12    § 2. This act shall take effect immediately.
 
 
 
 
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09717-01-1

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