The order of proceeding in a jury trial in a New York State local criminal court is the same as those in a jury trial in a superior court when one is charged by indictment. CPL § 360.05. Therefore, the order of a jury trial in local criminal court is guided by CPL § 260.30. See CPL § 360.05.
The order of a jury trial in New York local criminal courts is as follows:
1. A jury must be selected and then sworn in. CPL § 260.30(1)
2. The judge must give preliminary instructions to the selected and sworn jury. CPL § 260.30(2)
3. In a jury trial, the People must then deliver an opening statement. CPL § 260.30(3).
4. The defendant may, if he or she so chooses, deliver an opening statement. CPL § 260.30(4).
5. The People must then offer evidence in support of the charge or charges in the information. CPL § 260.30(5).
a. If the People fail to adequately allege in their opening statement that defendant committed each element of the offense charge, the case should be dismissed. People v. Thomas, 21 A.D.3d 643, 799 N.Y.S.2d 653 (3rd Dept. 2005)
6. Next, the defendant may, but is not obligated to, offer evidence in his or her defense. CPL § 260.30(6).
7. If the defendant presents a defense, the People may then present rebuttal evidence. If the People so choose to present rebuttal evidence, the defendant may then present evidence in rebuttal to the People’s rebuttal. The court may, in it’s discretion, allow continued rebuttal evidence. The court may also, in it’s discretion, allow either party to offer evidence on their rebuttal which is not technically rebuttal evidence but actually evidence that is part of the parties original case. CPL § 260.30(7).
8. At the end of the case, the defendant may deliver a closing argument and then the People may deliver a closing argument. CPL § 260.30(8).
9. Next the judge must charge the jury and the jury will then retire to deliberate and if possible, reach a verdict. CPL § § 260.30(9), (10) & (11).
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