N.Y. Criminal Procedure Law § 360.50: Court's submission of information to jury; counts and offenses to be submitted

§ 360.50 Court's submission of information to jury; counts and offenses

to be submitted.

1. The term definitions contained in section 300.30 are applicable to

this section, except that the word "information" is to be substituted

for the word "indictment" wherever the latter appears in said section

300.30.

2. The court may submit to the jury only those counts of an

information remaining therein at the time of its charge which are

supported by legally sufficient trial evidence, and every count not so

supported should be dismissed by a trial order of dismissal. If the

trial evidence is not legally sufficient to establish a misdemeanor

charged in a particular count which the court would otherwise be

required to submit pursuant to this section, but is legally sufficient

to establish a lesser included offense, the court may submit such lesser

included offense and, upon the people's request, must do so. In

submitting a count charging a misdemeanor established by legally

sufficient trial evidence, the court in its discretion may, in addition

to submitting such misdemeanor, submit in the alternative any lesser

included offense if there is a reasonable view of the evidence which

would support a finding that the defendant committed such lesser offense

but did not commit the misdemeanor charged.

3. If the information contains but one count, the court must submit

such count.

4. If a multiple count information contains consecutive counts only,

the court must submit every count thereof.

5. In any case where the information may be more complex by reason of

concurrent counts or inconsistent counts or other factors indicated in

subdivisions three, four and five of section 300.40, relating to

multiple count indictments, the court, in its submission of such

information to the jury, should, so far as practicable, be guided by the

provisions of the said subdivisions of said section 300.40.

6. Notwithstanding any other provision of this section, the court is

not required to submit to the jury any particular count of a multiple

count information if the people consent that it not be submitted.

7. Every count not submitted to the jury is deemed to have been

dismissed by the court. Where the court, over objection of the people,

refuses to submit a count which is consecutive as to every count

actually submitted, such count is deemed to have been dismissed by a

trial order of dismissal even though no such order was expressly made by

the court.