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NY State Legislature· A934-2025Signed by Governor

Relates to peremptory challenges where there are two or more defendants, the official text

Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  934--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M. of A. MAGNARELLI, STECK, SHIMSKY, DAVILA, LUNSFORD --
   read once  and  referred  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN  ACT  to  amend the criminal procedure law, in relation to peremptory
   challenges
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 3 of section 270.25 of the criminal procedure
 law is amended to read as follows:
   3.   When two or more defendants are  tried  jointly,  the  number  of
 peremptory  challenges  prescribed in subdivision two OF THIS SECTION is
 not multiplied by the number of defendants, but such defendants  are  to
 be  treated as a single party.  In any such case, a peremptory challenge
 by one or more defendants must be allowed if a majority of  the  defend-
 ants  join in such challenge, OR IF THERE IS A TIE WHEN THERE IS AN EVEN
 NUMBER OF DEFENDANTS.  Otherwise, it must be disallowed.
   § 2. Subdivision 2 of section 360.30 of the criminal procedure law  is
 amended to read as follows:
   2.  Each  party must be allowed three peremptory challenges.  When two
 or more defendants are tried jointly, such challenges are not multiplied
 by the number of defendants, but such defendants are to be treated as  a
 single  party.  In  any such case, a peremptory challenge by one or more
 defendants must be allowed if a majority of the defendants join in  such
 challenge,  OR IF THERE IS A TIE WHEN THERE IS AN EVEN NUMBER OF DEFEND-
 ANTS. Otherwise, it must be disallowed.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01314-02-5
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