N.Y. Laws » CHAPTER Criminal Procedure / PART The Principal Proceedings / TITLE Prosecution of Indictments In Superior Courts--plea to Sentence / ARTICLE Waiver of Jury Trial and Conduct of Non-jury Trial
New York Consolidated Laws

N.Y. Criminal Procedure Law § 320.10 (2026)

Non-jury trial; when authorized

✓ current as of May 2026
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§ 320.10  Non-jury trial; when authorized.
  1.  Except where the indictment charges the crime of murder in the
first degree, the defendant, subject to the provisions of subdivision
two, may at any time before trial waive a jury trial and consent to a
trial without a jury in the superior court in which the indictment is
pending.
  2.  Such waiver must be in writing and must be signed by the defendant
in person in open court in the presence of the court, and with the
approval of the court.  The court must approve the execution and
submission of such waiver unless it determines that it is tendered as a
stratagem to procure an otherwise impermissible procedural advantage or
that the defendant is not fully aware of the consequences of the choice
he is making.  If the court disapproves the waiver, it must state upon
the record its reasons for such disapproval.
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1984–2021 · leading case: People v. Christopher, 101 A.D.2d 504 (N.Y. App. Div. 1984).
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People v. Christopher, 101 A.D.2d 504 (N.Y. App. Div. 1984). “The matter has been reviewed so many times with the defendant by me and by his counsel both presently and in the past several months, that I’m satisfied as to the requirements of Criminal Procedure Law Section 320.10 and I make the findings contained herein.”
People v. Labagh, 40 Misc. 3d 54 (N.Y. App. Term. 2013). “Criminal Procedure Law § 320.10 states, in pertinent part, that a defendant “may at any time before trial waive a jury trial and consent to a trial without a jury .”
People v. Danthuluri, 31 Misc. 3d 56 (N.Y. App. Term. 2011). “Criminal Procedure Law § 320.10 states, in pertinent part, that a defendant “may at any time before trial waive a jury trial *59 and consent to a trial without a jury .”
People v. Suazo (Louis) (N.Y. App. Term. 2017). “Such waiver must be in writing and must be signed by the defendant in person in open court in the presence of the court and with the approval of the court.”
People v. Perrone-Maple (Marcello) (N.Y. App. Term. 2020). “" Criminal Procedure Law section 320.10 (2) similarly provides, in pertinent part, that "[s]uch waiver must be in writing and must be signed by the defendant in person in open court in the presence of the court, and with the approval of the court.”
People v. Grossman, 57 Misc. 3d 830 (2017). “Defendant duly waived his right to a jury trial in accordance with Criminal Procedure Law § 320.10. By way of background, the defendant was charged with driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (3), refusal to take a breath test in violation of…”
People v. Driver (Randall), 73 Misc. 3d 144(A) (N.Y. App. Term. 2021). “" Criminal Procedure Law section 320.10 (2) similarly provides, in pertinent part, that "[s]uch waiver must be in writing and must be signed by the defendant in person in open court in the presence of the court, and with the approval of the court.”
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