N.Y. Criminal Procedure Law § 340.40: Modes of trial

§ 340.40 Modes of trial.

1. Except as otherwise provided in this section, a trial of an

information in a local criminal court must be a single judge trial.

2. In any local criminal court a defendant who has entered a plea of

not guilty to an information which charges a misdemeanor must be

accorded a jury trial, conducted pursuant to article three hundred

sixty. The defendant may at any time before trial waive a jury trial in

the manner prescribed in subdivision two of section 320.10 of this

chapter, and consent to a single judge trial.

3. A defendant entitled to a jury trial pursuant to subdivision two of

this section, shall be so entitled even though the information also

charges an offense for which he is otherwise not entitled to a jury

trial. In such case, the defendant is not entitled both to a jury trial

and a separate single judge trial and the court may not order separate

trials.

4. Notwithstanding any other provision of law, in any local criminal

court the trial of a person who is an eligible youth within the meaning

of the youthful offender procedure set forth in article seven hundred

twenty of this chapter and who has not prior to commencement of the

trial been convicted of a crime or adjudicated a youthful offender must

be a single judge trial.