BILL NUMBER: S6735A
SPONSOR: FAHY
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to peremptory
challenges
 
PURPOSE:
To clarify the procedure on when to allow the use of peremptory chal-
lenges in criminal trials with an even number of defendants when there
is a tie between defendants on using a challenge. It requires the chal-
lenge to be honored in that situation.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends § 270.25(3) of the Criminal Procedure Law to clarify
the use of peremptory challenges in cases with multiple defendants. In
a case with an even number of defendants when a tie exists on the use of
a challenge, the court must grant the challenge.
Section 2: Amends § 360.30(2) of the Criminal Procedure Law to clarify
the use of peremptory challenges in cases with multiple defendants. In
a case with an even number of defendants when a tie exists on the use of
a challenge, the court must grant the challenge.
Section 3: Establishes the effective date.
 
JUSTIFICATION:
Currently, under § 270.25(3) and § 360.30(2) of the Criminal Procedure
Law the trial court judge must grant a peremptory challenge when the
majority of defendants in the case choose to use one. However, the law
is silent on what to do in a case with an even number of defendants
(e.g. 2, 4, 6, etc.) where there is a tie between the defendants. This
has created confusion for trial judges when it has come up. This bill
would clarify the law by requiring the challenge to go through so as not
to prejudice the defendants wishing to exercise the challenge.
 
LEGISLATIVE HISTORY:
2024: A.10670
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S6735: 270.25 criminal procedure law, 270.25(3) criminal procedure law
S6735A: 270.25 criminal procedure law, 270.25(3) criminal procedure law, 360.30 criminal procedure law, 360.30(2) criminal procedure law