N.Y. Criminal Procedure Law § 270.30: Trial jury; alternate jurors

§ 270.30 Trial jury; alternate jurors.

1. Immediately after the last trial juror is sworn, the court may in

its discretion direct the selection of one or more, but not more than

six additional jurors to be known as "alternate jurors", except that, in

a prosecution under section 125.27 of the penal law, the court may, in

its discretion, direct the selection of as many alternate jurors as the

court determines to be appropriate. Alternate jurors must be drawn in

the same manner, must have the same qualifications, must be subject to

the same examination and challenges for cause and must take the same

oath as the regular jurors. After the jury has retired to deliberate,

the court must either (1) with the consent of the defendant and the

people, discharge the alternate jurors or (2) direct the alternate

jurors not to discuss the case and must further direct that they be kept

separate and apart from the regular jurors.

2. In any prosecution in which the people seek a sentence of death,

the court shall not discharge the alternate jurors when the jury retires

to deliberate upon its verdict and the alternate jurors, in the

discretion of the court, may be continuously kept together under the

supervision of an appropriate public servant or servants until such time

as the jury returns its verdict. If the jury returns a verdict of guilty

to a charge for which the death penalty may be imposed, the alternate

jurors shall not be discharged and shall remain available for service

during any separate sentencing proceeding which may be conducted

pursuant to section 400.27.