N.Y. Const. art. I, § 2: Trial by jury; how waived

§ 2. Trial by jury in all cases in which it has heretofore been

guaranteed by constitutional provision shall remain inviolate forever;

but a jury trial may be waived by the parties in all civil cases in the

manner to be prescribed by law. The legislature may provide, however, by

law, that a verdict may be rendered by not less than five-sixths of the

jury in any civil case. A jury trial may be waived by the defendant in

all criminal cases, except those in which the crime charged may be

punishable by death, by a written instrument signed by the defendant in

person in open court before and with the approval of a judge or justice

of a court having jurisdiction to try the offense. The legislature may

enact laws, not inconsistent herewith, governing the form, content,

manner and time of presentation of the instrument effectuating such

waiver.