N.Y. Criminal Procedure Law § 270.16: Capital cases; individual questioning for racial bias

§ 270.16 Capital cases; individual questioning for racial bias.

1. In any case in which the crime charged may be punishable by death,

the court shall, upon motion of either party, permit the parties,

commencing with the people, to examine the prospective jurors

individually and outside the presence of the other prospective jurors

regarding their qualifications to serve as jurors. Each party shall be

afforded a fair opportunity to question a prospective juror as to any

unexplored matter affecting his or her qualifications, including without

limitation the possibility of racial bias on the part of the prospective

juror, but the court shall not permit questioning that is repetitious or

irrelevant, or questions as to a prospective juror's knowledge of rules

of law. If necessary to prevent improper questioning as to any matter,

the court shall personally examine the prospective jurors as to that

matter. The scope of such examination shall be within the discretion of

the court. After the parties have concluded their examinations of a

prospective juror, the court may ask such further questions as it deems

proper regarding the qualifications of the prospective juror.

2. The proceedings provided for in this section shall be conducted on

the record; provided, however, that upon motion of either party, and for

good cause shown, the court may direct that all or a portion of the

record of such proceedings be sealed.