N.Y. Criminal Procedure Law § 320.20: Non-jury trial; nature and conduct thereof

§ 320.20 Non-jury trial; nature and conduct thereof.

1. A non-jury trial of an indictment must be conducted by one judge

of the superior court in which the indictment is pending.

2. The court, in addition to determining all questions of law, is the

execlusive trier of all issues of fact and must render a verdict.

3. The order of the trial must be as follows:

(a) The court must permit the parties to deliver opening addresses in

the order provided for a trial by jury pursuant to section 260.30.

(b) The order in which evidence must or may be offered by the

respective parties is the same as that applicable to a jury trial of an

indictment as prescribed in subdivisions five, six and seven of section

260.30.

(c) The court must permit the parties to deliver summations in the

order provided for a trial by jury pursuant to section 260.30.

(d) The court must then consider the case and render a verdict.

4. The provisions governing motion practice and general procedure

with respect to a jury trial are, wherever appropriate, applicable to a

non-jury trial.

5. Before considering a multiple count indictment for the purpose of

rendering a verdict thereon, and before the summations if there be any,

the court must designate and state upon the record the counts upon which

it will render a verdict and the particular defendant or defendants, if

there be more than one, with respect to whom it will render a verdict

upon any particular count. In determining what counts, offenses and

defendants must be considered by it and covered by its verdict, and the

form of the verdict in general, the court must be governed, so far as

appropriate and practicable, by the provisions of article three hundred

governing the court's submission of counts and offenses to a jury upon a

jury trial.