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New York · Through 2026-09-11

N.Y. Criminal Procedure Law § 360.35: Trial jury; alternate juror

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Where this section sits in the code
  1. Criminal Procedure Law
  2. Part 2. The Principal Proceedings
  3. Title K. Prosecution of Informations In Local Criminal Courts-plea to Sentence
  4. Article 360. Jury Trial

§ 360.35 Trial jury; alternate juror.

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

its discretion direct the selection of either one or two additional

jurors to be known as "alternate jurors." The 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. Whether or not a party has used

its peremptory challenge in the selection of the trial jury, one

peremptory challenge is authorized in the selection of the alternate

jurors.

2. The provisions of section 270.35 with respect to alternate jurors

are also applicable to a trial jury in a local criminal court.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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