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CRIMINAL JURY INSTRUCTIONS 2d


HISTORY OF CRIMINAL JURY INSTRUCTIONS and MODEL COLLOQUIES



 

In September, 1992, the Chief Administrator of the Office of Court Administration announced the formation of the committee to revise the first edition of the Criminal Jury Instructions (CJI). The first edition had been published in three loose-leaf binders. CJI2d supersedes the first edition.

In late 1994, the first set of CJI2d charges were published in a loose-leaf binder.

In 1996, CJI2d abandoned the loose-leaf form of publication and instituted the current internet format for publication of its charges. Thus, there is presently no up-to-date hard-copy publication of the Criminal Jury Instructions; all current instructions are set forth in the instant web site.

Beginning in September 2003, the Committee on Criminal Jury Instructions published the following record of the month and year in which a CJI2d charge was added or revised. The most recent additions or revisions are listed first.

In a few instances, particularly involving a major revision of multiple statutes of an article, the charges for the former statutes are maintained and are index at the end of the Table of Contents of the applicable article.

In February 2016, publication of the Model Colloquies began.

 

The reason for a revision or amendment of an instruction is normally reported in the first or second footnote or endnote of the instruction.
 
December 2023

Criminal Jury Instructions

General Applicability:

Accessorial Liability - Added a section on charging an accomplice of a "public servant."

Lawfulness of Stop, Arrest, Search or Seizure Question (New).

Possession, Temporary & Lawful - Amended primarily to incorporate a recent Court of Appeals case.

Possession, Voluntary Surrender of Firearm (New)

 

Penal Law:

Alternate Theories of Larceny - Added new statutory theory of Larceny by Wage Theft.

Introductory Instruction to Each Robbery Charge - In the phrase "preventing or overcoming resistance to the retention of the property, immediately after the taking,"

a definition of "immediately" was added.

220.65 (1) and (2) amended primarily to add a definition of "good faith."

245.15 - substantially new to accord with significant statutory amendments.

263.30 (1) (a) and (b)- amended in reference to age of child

265.03(1)(a) and (c); 265.03(1)(b); 265.03(2); 265.03(3) added Note on charging a "juvenile offender" per People v. Raul A. 215 AD3d 500 (1st Dept. 2023).

 

 

 
April 2023

Criminal Jury Instructions

(New, unless labeled otherwise)

 

General Applicability

Jury, Alternates

Justification (Re: Retreat: added a note and expanded footnotes)

Penal Law:

20.20(2)(c), as amended by L. 2022, c. 746.

120-03(1) [Vessel]

120-04(7) [Vessel]

125.12(1) [Vessel]

125.13(7) [Vessel]

130.66(1)(a), (b), and (c), as amended by L. 2022, c. 647

130.66(1)(d)

250.71

 
December 2022

Criminal Jury Instructions

(amended unless labeled: New)

 

General Applicability

CJI2d Burden of Proof “with” an Affirmative Defense

CJI2d Implicit Bias Voir Dire (revised last paragraph of introduction to questions)

 

Penal Law

120.05(11)

220.28, 220.65(2)

240.30(3), 240.78 [New], 240.79 [New]

Article 265, including New: 265.01-d, 265.01-e, 265.02(8), 265.45(2), 265.65

270.20, and New: 270.21, 270.22

485.05

 

Model Instructions

Grand Jury Panel Screening

Voir Dire

Preliminary Instructions

Final Instructions

Model Colloquies

Amended

 

Grand Jury Panel Screening

Voir Dire, Suggested Questions

 
May 2022

Criminal Jury Instructions

New Instructions for Penal Law Offenses:

156.25(3) Computer Tampering 3; and

156.25(5) Computer Tampering 3

265.01(9) ghost gun possession

265.60 ghost gun sale 2

265.61 ghost gun sale 1

265.01(10) unfinished frame/receiver possession

265.63 unfinished frame/receiver sale 2

265.64 unfinished frame/receiver sale 1

 

Amended CJI instruction:

CJI2d Accomplice as a Matter of Fact

CJI2d Accomplice as a Matter of Law

CJI2d Corroboration of Unsworn Witness

CJI2d Model: “Final Instructions” (see endnotes 41 and 66 and the text associated therewith)

CJI2d Identification [same amendment in the One Witness instruction and the Witness Plus instruction in the General Applicability (see endnote 1) and in the Model Final Instructions (see endnote 66)].

 

Amended Penal Law Offenses :

170.05 to 170.30 Amended written instrument definition

265.02(6) Disguised gun amended definition

265.12(2) Sale of firearm 2

265.13(2) Sale of firearm 1

 

Model Colloquies

 

Amended: Voir Dire Questions to add Suggested Voir Dire Questions on Bias

 

 
December 2021

Criminal Jury Instructions

Penal Law

Revised:: 135.60; 155.30(6); 265.17(3); 270.20; 265.01(1) 265.02(7),

New: 222.30, 222.35, 222.40, 222.50(1); 222.55(1), 222.60; 265.17(3); 270.40.

VTL 1192

Revised; 1192 (2-a)(b); 1192(4); 1192(4-a).

 

 
October 2021
Revised implicit bias charge in each model instruction and in the grand jury instructions.

August 2021

Model Colloquies

Added a colloquy to the “Plea of Guilty” colloquy to account for the Laws of 2021, ch. 103, effective September 2, 2021, which inter alia added subdivision (8) to CPL 220.50 relating to a court providing a defendant who is pleading guilty advise on the right to vote.

 
May 2021

Criminal Jury Instructions

General Applicability

CJI2d Temporary & Lawful Possession - Revised

CJI2d Interested Witness – amplified case annotations

CJI2d Credibility instructions amended to include:

[Add if the defendant testified: And you should evaluate the testimony of the defendant in the same way as you would any other witness.]

Penal Law

Per L. 2021, c. 92, marked Penal Law art. 221 (Marihuana) repealed, and moved repealed Penal Law sections 220.06(4), 220.00(10), and 220.34(3) to a section on former Penal Law charges.

Added sections: 240.31(2), 240.60(5); 240.60(6), 265.10(2) (sentence 1), 265.10(3) (sentence 1).

Added Monetary Laundering sections 470.05, 470.10, 470.15, and 470.20.

Amended 120.06, 120.07, 160.10(1) to include in footnotes decision law on the element of aided by another actually present.

Revised 155.30(2)-(4)-(7)-(11) and 165-45(2) to include amplification of the definition of “credit card” pursuant to a Court of Appeals decision.

Revised 170.10 to include an amplified definition of “credit card” pursuant to a Court of Appeals decision.

Revised 170.25 to include an amplified definition of “credit card” pursuant to a Court of Appeals decision and to amend the presumption about a person who possesses two or more forged instruments to require, pursuant to Court of Appeals decision, that the person “knowingly” possess two or more forged instruments.

Revised 240.31(1), 485.05, 490.27 to accord with statutory amendments related to gender identity.

 

November 2020

Criminal Jury Instructions

General Applicability

Revised Instructions:

Conclusions in Confession Instruction

Consciousness of Guilt

Prompt Outcry

Added Instructions:

Defendant in Custody

Witness Previously Hypnotized

Penal Law

Revised Instructions:

PL 121.11

PL 210.40

PL 220.45

PL 220.48

PL 230.08

Added Instructions:

PL 121.13-a

PL 215.52(3)

PL 265.10(3)

PL 265.10(6)

PL 490.27

PL 490.28

JUNE 2020

Criminal Jury Instructions

General Applicability

Revised Instructions:

Defense of Duress and

Defense of Entrapment

Added Instructions:

Instruction to the jury when a combined bench and jury trial is to be conducted.

Instruction to the Jury when a written set of final instructions is given to the jury.

Penal Law

Revised Instruction for:

130.95(2); 158.40-45-50; 190.05(2); 190.25(1); 200.00, and 265.01(2).

Added Instruction for:

120.04(4); 120.04(6); 130.53; 158.30; 176.15-20-25-30;

210.05; 210.10; 210.15: added separate instructions for Perjury by Inconsistent Statements and revised the perjury charges for a single statement to delete references to perjury by inconsistent statements and to make some minor conforming amendments;

215.51(d); 220.44; 220.55; and 265.50(2).

Model Instructions

Revised Instruction for: Grand Jury Impanelment

 

Model Colloquies

Added Colloquy for: Arraignment on Special Information CPL 200.60

December 2019

Criminal Jury Instructions

General Applicability

Modification of Delay in Arraignment section of Confessions.

Added a section to the Credibility charge re: A Judge Found Witness Testified Falsely

 

Penal Law

Added Instructions:

176.75 [Staging A Motor Vehicle Accident in the Second Degree]

176.80 [Staging A Motor Vehicle Accident First Degree]

205.19 [Absconding from a Community Treatment Facility]

221.10 [Unlawful Possession of Marihuana in the Second Degree]

230.11 [Aggravaed Patronizing a Minor for Prostitution in the Third Degree]

230.12 [Aggravated Patronizing a Minor for Prostitution in the Second Degree]

230.13 [Aggravated Patronizing a Minor for Prostitution in the First Degree]

240.10 [Unlawful Assembly]

245.15 [Unlawful Dissemination or Publication of an Intimate Image]

265.01-c [Criminal Possession of a Rapid-Fire Modification Device]

265.45 [Failure to Safely Store Rifles, Shotguns, and Firearms in the first degree]

265.55(2) [Criminal Possession of an Undetectable Firearm, Rifle or Shotgun]

 

Revised or modified instructions :

Penal Law §§ 165.15(3); 170.40(1); 170.75; 205.17; 496.02-03-04-05; and

the Extreme Emotional Disturbance defense to conform to a statutory change.

Model Colloquy

Added Model Colloquy:

Inquiry on Statement of Ready for Trial

 

JUNE 2019

Criminal Jury Instructions

General Applicability

Added Instruction: Amonitions to and for Multiple Juries

Penal Law

 

Gravity Knife:

The prohibition on possession of a gravity knife was repealed. L. 2019, c. 34.

Accordingly, the term “gravity knife” has been deleted from the definition of “deadly weapon” and from other instructions that included that term.

 

Added Instructions:

120.03(3) Vehicular Assault 2 (all-terrain vehicle)

120.03(3) Vehicular Assault 2 (snowmobile)

125.12(3) Vehicular Manslaughter 2 (all-terrain vehicle)

125.12(3) Vehicular Manslaughter 2 (snowmobile)

130.95(2); 130.95(3)

165-15(12)

190.70

195.16

220.65(2)

240.55(1)

Revised Instructions

120.05(3)

130.25(3); 130.67

140.10(c); 140.10(d)

265.11

 

Model Instructions

Juror admonitions on bias and prejudice have been enhanced in Voir Dire Instructions,

Preliminary Instructions, Final Instructions, and Grand Jury Impanelment Instructions.

Verdict Sheets

Added: Verdict Sheet for the Affirmative Defense: Insanity

 

Model Colloquy

Added: Arraignment for Sentence on DV Notice

 

JANUARY 2019

 

Criminal Jury Instructions

The folder “Certain Former Crimes” has been deleted.

The content of that folder has been distributed to the folder of the pertinent crime

and index at the end of the Table of Contents of that folder.

 

 

General Applicability

 

Revised:

Adverse Inference for Destroyed Evidence.

Causation for assault and homicide charges.

 

Agriculture and Markets Law

Revised:

AML section 353 (Injuring an Animal).

 

Penal Law

New Instructions for Penal Law sections:

125.26(1)(a) (ii-a) - Aggravated Murder

145.05(2) – Criminal Mischief

165.16(1) - Unauthorized Sale of Transportation Services

176.45, 50, 55, 60, 65 - Life Settlement Fraud.

190.75 – Use of Access Device 2.

190.76 – Use of Access Device 1.

190.79(3) - Identity theft and thereby commits felony.

190.80(3) - Identity theft and thereby commits D+ felony.

230.03 – Prostitution in a School Zone

230.08 – Patronizing a Person for Prostitution in a School Zone

230.19 – Promoting Prostitution in a School Zone

230.34-a - Sex Trafficking of a Child

250.55 – Dissemination of Unlawful Surveillance Image 2

250.60(1) – Dissemination of Unlawful Surveillance Image 1

250.60(2) – Dissemination of Unlawful Surveillance Image 1

260.20(1) - Unlawfully dealing with a child

260.35 – Misrepresentation by caregiver

Revised Instructions for Penal Law sections:

120.16 - Hazing 1

120.17 - Hazing 2

125.26(1)(a) (i), (ii) and (iii) - Aggravated Murder

140.10(c) – Criminal Trespass 3

140.10(d)

140.10(e)

140.10(d)

230.01 - Affirmative Defense

Model Colloquies

Voir Dire: Suggested Questions

 

SEPTEMBER 2018

Model Colloquies

Added a Model Colloquy for Responding to a Jury Note.

Moved from Appendix of a Plea of Guilty Colloquy to the title page:Table of Contents:

Plea of Guilty (Abbreviated for non-felony)

 

AUGUST 2018

Criminal Jury Instructions

Penal Law

 

Added a charge for Penal Law sections:

120.14(3); 120.50(1); 120.50(2); 120.50(4); 120.55(2); 120.55(3); 120.60(2)

125.13(4)

165.07

220.34(8).

 

Revised Penal Law art. 105, conspiracy charges.

 

Revised Penal Law sections:

120.60(1); 125.12(1); 125.27-1-a-x; 125-27-1-a-xi; 130.25-1; 130.40-3; 130.52-2; 160.10; 190.78(1); 265.03 (3).

Moved charges on Criminal Liability of Corporations from the charges of General Applicability to the charges for Penal Law offenses, under article 20.

 

APRIL 2018

Criminal Jury Instructions

General Applicability

 

Each charge of General Applicability may now be obtained in a WORD document format (docx) by clicking on the underscored name of the charge and following the instructions to download the charge in the WORD format.

 

Added Instructions of General Applicability:

Multiple Separate Transaction of the same crime
Partial Verdict (Because this item partakes of both an instruction and a colloquy it is included here and in Model Colloquies)
Venue of a county for conduct outside the county
Venue of a county via common carrier
Venue of a county via private vehicle

 

Revised General Applicability Instructions:
Venue of a county for some conduct inside the county

 

Sample Charges

Each Sample Charge (Grand jury impanelment instruction; Voir dire instructions; Preliminary instructions; and Final Instructions) may now be obtained in a WORD document format (docx) by clicking on the underscored name of the charge and following the instructions to download the charge in the WORD format.

 

Agriculture and Markets Law
Education Law


A WORD document has been added for the sections in these laws.

Penal Law


As expalined in the January 2018 history note, the CJI committee is in the process of updating the form of Penal Law charges and reviewing all Penal Law charges. Revisions simply in format and other non-substntive amendments will not be noted; any substantive revision will of course be noted, as it has in the past, in a footnote, normally footnote one of the charge.


We are also in the process of adding a Word document of the charges. Thus far, a Word document has been added for the charges in Penal Law articles 100, 105, 110, 115, 120, and 121. The WORD document may be obtained by clicking on the underscored section of the Penal Law charge.

 

Added Penal Law Charge:
Penal Law § 240.21

 

Revised Penal Law Charges:
The assault and menacing charges which include “deadly weapon” as an element have been revised to account for statutory additions to what constitutes a deadly weapon, as well as to include some definitions of those weapons set forh in decisional law.

The opening paragraph of the definition of "criminal negligence" in assault in the third degree and aggravated criminally negligent homicide was moved to the end of that definition and the definition was otherwise conformed to the paragraph at the end of the definition of “criminal negligence” in the charge for criminally neglient homicide (Penal Law § 125.10).

 

Model Colloquies


Each colloquy has been updated to include access to a WORD document (docx) by clicking on the name of the colloquy and following the instructions to download the charge in the WORD format.

 

Added Model Colloquies:

Arraignment of a felony complaint
Taking of a partial verdict (Because this item partakes of both a colloquy and an instruction, it is included here and in the instructions of General Applicability).


JANUARY 2018

Criminal Jury Instructions

The CJI2d Committee celebrates its 25 th Anniversary this year. The Committee has accordingly decided to embark on a systematic and comprehensive review of all its jury instructions.

As part of the review of the charges, the format for the instruction for an offense will undergo a couple of simplifications:

 

First, the introduction to the definitions presently reads:

Some of the terms used in this definition have their own special meaning in our law. I will now give you the meaning of the following terms: (specify terms).

That introduction will be revised to read:

The following term(s) used in that definition (has/have) a special meaning:

X means . . .

Y means . . .

 

Second, the concluding paragraphs presently reads:

Therefore, if you find that the People have proven beyond a reasonable doubt (each/both) of those elements, you must find the defendant guilty of the crime of (specify).

On the other hand, if you find that the People have not proven beyond a reasonable doubt (either one or both / any one or more) of those elements, you must find the defendant not guilty of the crime of (specify).

Those paragraphs will be revised by striking the introductory word(s) and the unnecessary repetition of the name of the crime; thus, the conclusion will read:

If you find the People have proven beyond a reasonable doubt (each/both) of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt (either one or both / any one or more) of those elements, you must find the defendant not guilty of this crime.

 

In recognition of the Unified Court System’s switch form WordPerfect to Word, CJI2d will start the process of providing a link to a CJI charge in a Word format. Thus, in this January 2018 publication, we begin by providing a Word document for each charge of General Applicability. Simply click on the name of the charge and a Word document will be provided.

 

 

The instructions which have been added or revised in the January 2018 publication are as follows:

 

GENERAL APPLICABILITY:

Added a limiting Instruction for “hearsay” statement not admitted for its truth.

Added an instruction on the jury’s utilization of a transcript of a recording.

Revised the instructions for Identification to accord with the Court of Appeals decision on cross-racial identification.

Revised Justification charges as relates to informing the jury how to consider counts charging same.

 

AGRICULTURE & MARKETS LAW:

Added section 353 and 353-a relating to animal cruelty.

 

PENAL LAW:

Added: 120-03(1); 195.15(3)

Revised: 120.04(1); 125.12(1); 170.05 to and through 170.30; and 190.25(1).

 

MODEL CHARGES:

Revised: Grand Jury Impanelment charge.

 

MODEL VERDICT SHEETS:

Revised Affirmative Defense Verdict Sheet.

 

"TERRITORIAL JURISDICTION" AND "VENUE" NOTE:

A note on “territorial Jurisdiction” and “venue” has been added to the Preface and the Appendix. That note reads as follows;

“The Committee on Criminal Jury Instructions recognizes that the law does not required “venue” in a particular county to be proved beyond a reasonable doubt; venue need only be proven by a preponderance of the evidence. People v. Moore, 46 NY2d 1, 6 (1978). Because venue is, however, normally certain, to avoid a separate charge for venue in each charge, venue is included in the items to be proved beyond a reasonable doubt. If, however, venue is in issue, the trial court should strike the reference to the County in the elements, and insert the instruction on “venue” in CJI2d[NY] General Applicability, Geographical Jurisdiction, County Venue. If the “territorial jurisdiction” of the State of New York is in issue, that must be proved beyond a reasonable doubt [People v. McLaughlin, 80 NY2d 466(1992)] and the trial court should insert the instruction on “territorial jurisdiction” in CJI2d[NY] General Applicability, Geographical Jurisdiction, Territorial Jurisdiction.”

APRIL 2017

Criminal Jury Instructions

Penal Law

Revision of section 265.01 (1): addition of Possession of Per Se Knife.

JUNE 2017

Criminal Jury Instructions

General Applicability

Revision of Confession to add section on failure to record a statement (CPL 60.45)
Revision of Interpreter for defendant and witnesses
Addition of Identification by Pictorial Representation (CPL 60.25 & 60.30)

 

The following charges have been copied from the Model Charges to appear separately in the Instructions of General Applicability section:

Inconsistent Statements
Interested Witness
Evidentiary Inferences

Model Charges

Revision of Final Instructions to add an example to Evidentiary Inferences instruction.
Revision of Final Instructions by adding a couple of clarifying words to Previous Criminal Conduct instruction.

Penal Law

Addition of section 120.05 (13)
Addition of section 178.15 (2)

Education Law

Addition of section 6512 (1)

 

Model Colloquies

Alternate Plea of Guilty for a non-Felony offense set forth in the Appendix to Plea of Guilty

Waiver of Right to Appeal instruction has been copied from the Plea of Guilty charge to appear separately in the table of contents.

FEBRUARY, 2017

Criminal Jury Instructions

Penal Law

Addition of article 178: sections 178.10; 178.15 (1); 178.20; and 178.25
Revision of article 230
Addition of sections 230.06 (2) and 230.32 (2)

JANUARY, 2017

Criminal Jury Instructions

General Applicability

Added charges for:

Closed-Circuit TV Testimony (CPL 65.30)
Dying Declaration
Voluntary Act

Penal Law

Revision of sections 120.05 (3) and 120.05 (11)
Addition of sections 120.05 (3-c); 120.05 (11-c); and 120.05 (14)
Addition of section 130.52 (2)
Revision of sections 135.35 (1); 135.35 (2); and 135.35 (3)
Addition of section 135.37
Revision of section 175.35 (1)
Addition of section 175.35 (2)
Addition of section 260.00 (1)

JULY, 2016

Criminal Jury Instructions

General Applicability

Revision of Justification: In Defense of a Person: Physical Force;
Revision of Justification: In Defense of a Person: Deadly Physical Force

Penal Law

Revision of section 130.52 (1);
Revision of section 215.51 (c);
Revision of article 265

Public Health Law

Addition of section 3383 (2)

FEBRUARY 2016

Criminal Jury Instructions

General Applicability

Revision of Jury Admonitions and Separation Instructions
Revision of Justification: In Defense of a Person: Physical Force and Deadly Physical Force

Penal Law

Revision of section:125.25 (3) Felony Murder
Revision of article 125: Additional Charges: Affirmative Defenses: Extreme Emotional Disturbance
Revision of article 220: Additional Charges: Presumptive Possession - Room

Addition of sections:
240.30 (4) - Aggravated Harassment in the second degree
240.36 Loitering
245.00 (a)(b)(i) Public Lewdness
260.00 Abandonment of a Child

Revision of section 265.03 (3) - Possession of Loaded Firearm Not in Home or Place of Business

Model Verdict Sheets

Addition of a Verdict Sheet for when Justification is charged

Vehicle and Traffic Law

Addition of section 509 (1)

 

MODEL COLLOQUIES

Addition of the following scripts as a guide for judges in variouis proceedings.

Admonition-Bail
Admonition-Fugitive
Admonition-Gomberg (Joint Representation)
Admonition-Parker (Absence from Proceedings)
Admonition-Witness Tampering
Arraignment-Predicate Statement
Arraignment-VOP
Grand Jury Panel Screening
Plea of Guilty
Plea of Not Responsible
Verdict - Taking of
Waiver of Counsel
Waiver of Indictment (SCI)
Waiver of Trial by Jury

JULY 2015

Criminal Jury Instructions

General Applicability

Revision of Confession

Addition of Corporate Liability: Conduct of a High Managerial Agent (PL § 20.20 [2] [b]) and Conduct of Agent  (PL § 20.20 [2] [c])

Addition of Interpreters

Penal Law

Addition of sections: 20.20 (2) (b) and 20.20 (2) (c)
Revision of section 140.25 (2)
Revision of article 160: Introductory instruction to robbery charges
Addition of sections: 190.87 and 190.89
Revision of section: 240.30 (1) and 240.30 (2)
Addition of sections: 496.02; 496.03; 496.04; 496.05; and 496.06

JANUARY 2015

Criminal Jury Instructions

General Applicability

Revision of Defenses: Justification - Physical Force
Addition of Defenses: Justification: Deadly Physical Force - Resisting Violent Offense (PL § 35.15 [2][b])

Model Charges

Revision of Grand Jury Impanelment

Penal Law

Revision of sections 120.05 (3) and 120.05 (11)
Revision of article 120 Additional Charges: Causation - Cause of Injury
Revision of article 125 Additional Charges: Causation - Cause of Death
Revision of section 190.26 (1)
Addition of sections 120.05 (3-b) and 120.05 (11-b)
Addition of section 265.45

Vehicle and Traffic Law

Revision of section 1192(1), (2-a[b]), and (3)

JUNE 2014

Criminal Jury Instructions

PENAL LAW

Revision of article 115
Revision of article 120
Revision of article 125
Revision of section 130.52
Revision of section 190.25 (1)
Revision of section 221.10 (1)
Revision of section 240.32
Revision of section 265.03 (3)
Addition of section 120.04-a
Addition of section 120.05 (4-a)
Addition of section 130.65 (4)
Addition of section 140.15 (2)
Addition of sections 155.35 (2) and 155.43
Addition of sections 240.50 (4)(a) and (4)(b)
Addition of section 265.17 (3)

VEHICLE & TRAFFIC LAW

Addition of section 600 (2)(a) (A misdemeanor)

Added VTL 1198(9)(d)

MODEL VERDICT SHEETS

Revision of Verdict Sheet for Enterprise Corruption

FEBRUARY 2014

Criminal Jury Instructions

General Applicability

Instructions of General Applicability & Model Charges:
Final Instructions: Revision of Witness Pre-trial Preparation

Model Verdict Sheets: Revision of Affirmative Defense of Extreme Emotional Disturbance [PL § 125.25 (1) (a)]

Instructions of General Applicability: Addition of Adverse Inference - Destroyed Evidence

PENAL LAW

Revision of sections 195.05; and 195.07
Addition of sections 240.50 (1); (2); and (3)
Addition of section 240.70 (1) (d) - religious worship

VEHICLE & TRAFFIC LAW

Revision of sections 511 (2) (a) (i); and 511 (2) (a) (ii)
Revision of section 600 (2) (a) and (c)
Addition of section 511 (3) (a) (i)

JUNE 2013

Criminal Jury Instructions

PENAL LAW

Addition of Penal Law sections: 120.05 (11-a); 240.30(4) [former 240.30(4) renumbered 240.30(5); 260.24; 265.01-a; 265.01-b (1) and (2); 265.19; 460.22.

Revision of Penal Law sections: 120.05 (11); 130.95 (1)(b); 140.10 (g); 155.30 (9); 170.20; 170.25; 170.30; 170.45(2); 195.05; 195.07; 215.51 (b) (v); 240.30 (4); 240.30 (5) [formerly 240.30(4)]; 260.25; 263.15; 265.01(1); 265.01(4); 265.11(1).

Revision of "Additional Charges" for Penal Law sections: 265.00(3); 265.15 (3).

JANUARY 2013

Criminal Jury Instructions

GENERAL APPLICABILITY


Addition of an Adverse Inference for missing Rosario material.
Revision of Justified Force: In Defense of a Person -
Deadly Physical Force

PENAL LAW

Addition of Penal Law section 120.05(3-a)

Revision of Penal Law section 120.05(3), Penal Law article 140 charges, and Penal Law sections 125.14(1); 125.14(4); 125.14(5); 125.14(7).

VEHICLE & TRAFFIC LAW

Revision of Reckless Driving, VTL 1212

JUNE 2012

Criminal Jury Instructions

GENERAL APPLICABILITY



Addition of:
Justification, Emergency Measure [PL § 35.05(2)];
Witness or Victim of Overdose [PL § 220.78]
Expert: Crime Victims Syndrome
Discharge and Substitution of Juror

PENAL LAW

Addition of Penal Law section 120.09
Revision of Penal Law article 130, and sections 125.25; 140.25; 140.30;155.30 156.35; 160.15;176.10; 176.15; 220.03; 260.32(1) - (4)

SEX OFFENDER REGISTRATION

Revision of Correction Law section 168-t
JANUARY 2012

Criminal Jury Instructions

GENERAL APPLICABILITY



Revision of Accomplice, Confession, Identification.

PENAL LAW

Revision of Penal Law sections: 240.32, 260.34, 265.03(1)(b).
Revision of Claim of Right defense.
Addition of Penal Law article 121.

VEHICLE & TRAFFIC LAW

Addition of VTL sections: 1198(7)(b); 1198(9)(a, b, and c)
JULY 2011
PENAL LAW

Revision of Penal Law sections: 130.55, 130.60, 130.65, and 260.32(4).
JUNE 2011
PENAL LAW

Addition of Penal Law article 121 and Penal Law section 200.55
MAY 2011
PENAL LAW

Addition of Penal Law sections: 125.13(1); 240.26
Revision of Penal Law sections: 120.05(3); 120.05(11); 120.10(2)
AUGUST 2010
PENAL LAW

Addition of Penal Law sections: 125.13(6); 125.14(1); 125.14(3);  125.14(4); 125.14(5); 125.14(6); 125.14(7); 125.26(2); 220.48; 220.77(1); 220.77(2); 220.77(3); 240.70(1)(a) and (b); 240.70(1)( c); 240.70(1)(d); 240.71; 240.72; 240.73.

Addition of Other Crimes: Vehicle and Traffic Law 1192(2-a)(a) and (b).

Revision of Charges: Penal Law 125.12(1); Vehicle and Traffic Law 511(3)(a)(ii).
JANUARY 2010
PENAL LAW

Addition of Penal Law sections: 145.00(4); 156.26(2); 156.29
Revision of Penal Law sections: 145.00(1); 145.00(3); 145.05; 145.10; 145.12

GENERAL APPLICABILITY


Addition to Grand Jury Charge
Addition to Jury Separation During Deliberations Charge
JULY, 2009
PENAL LAW

Addition of Penal Law sections:  120.70(1); 155.30(11); 156.26(2); 156.29; 165.45(7); 190.25(4); 190.65(1)( c); 190.80-a; 200.55; 240.31(5); 263.30(1)(a); 263.30(1)(b).

Added an Additional Charge to explain difference between Depraved Indifference Murder and Reckless Manslaughter (Death of Child);

Added an Additional Charge for Aggregate Value of Stolen Property and revised Penal Law sections 155.30(1), 155.35, 155.40(1), 155.42 (Grand Larceny of a Specified Amount– revised to include reference to Additional Charge for Aggregate Value of Stolen Property).

And revised Penal Law sections: 156.26(1)( renumbered, formerly 156.26); 156.30(1); 156.30(2); 190.26(1); 240.30(1)  
JUNE, 2009

Criminal Jury Instructions

GENERAL APPLICABILITY



Revision of Jury Admonitions.

PENAL LAW

Addition of Penal Law section: 120.05(12)
Revision of Penal Law sections: 120.55(1); 125.10; 135.60

OTHER CRIMES

Revision of Vehicle and Traffic Law section: 1212
JANUARY, 2009
PENAL LAW

Revision of Penal Law sections: 140.25(1)(c); 140.30(3); 145.00(1); 145.00(3); 145.05; 145.10; 145.12; 160.15(3); 230.25(1)

OTHER CRIMES

Revision of Vehicle and Traffic Law § 1212
SEPTEMEBER, 2008
PENAL LAW

Penal Law 135.35
JULY, 2008
FULL SAMPLE CHARGES

Preliminary Instructions
Verdict Sheets

PENAL LAW

Penal Law sections:  230.34(1), 230.34(2), 230.34(3), 230.34(3), 230.34(4), 230.34(5), 490.37, 490.40(1), 490.40(2), 490.45(1), 490.45(2), 490.45(3), 490.47, 490.50, 490.55(1), 490.55(2), 490.55(3)
JANUARY, 2008

Criminal Jury Instructions

GENERAL APPLICABILITY



Voir Dire.
Final Instructions.
Identification-One Witness and Identification- Witness Plus, each revised to include instructions on identification expert.
Lesser Included Offense

PENAL LAW

Penal Law sections: 220.28, 230.25(1), 230.04 (Note: 230.03 has been repealed), 265.01(3),270.25, 270.30, 270.35

OTHER CRIMES

Vehicle and Traffic Law sections— The definition of “operation” was revised in the following charges:   511(1)(a), 511(2)(a)(I), 511(2)(a)(ii), 511(3)(a)(ii), 1192(1), 1192(2), 1192(3), 1192(4) and 1192(4-a). 1212 was revised to provide more direction as to optional terms.
JUNE, 2007
PENAL LAW

Penal Law sections: 125.25(5), 130.91, 156.05 to 156.25, 158.05 to .35, 165.15, 177.05 to 177.30, 220.18, 220.21(1), 220.34(7), 220.44(2), 235.22, 255.26, 255.27, 260.00 to 260.34.
JANUARY, 2007

Criminal Jury Instructions

GENERAL APPLICABILITY



Disruptive Defendant

PENAL LAW

Penal Law sections: 120.02, 120.10, 120.25, 125.25(2), 125.25(4), 125.26, 130.95(1)(a), 130.95(1)(b), 130.96, 230.33, 255.25, 240.31(3), 240.31(4), 255.25, 265.02(3), 265.02(5)(i), 265.03(2), 265.04(1), 265.04(2), 265.12(1), 265.12(2), 265.13(1), 265.13(2).

Penal Law article 125, Additional Charges, Depraved Indifference Murder and Reckless Manslaughter Explained.

OTHER CRIMES

Vehicle and Traffic Law sections: 511(1)(a), 511(2)(a)( i), 511(2)(a)(ii), 1192(4-a)
AUGUST, 2006

Criminal Jury Instructions

GENERAL APPLICABILITY



Absent Defendant
Jury Questions
Justification of Person by Physical Force
Pro-se Defendant
Temporary Possession
Voluntary Possession
Venue; Jurisdiction of the State

PENAL LAW

Penal Law sections: 120.14(1), 120.18, 125.11, 125.21, 125.22, 220.72, 220.73, 220.74, 220.75, 220.76, 265.02(4), 265.03(2).

Defense of Claim of Right to Larceny.

OTHER CRIMES

Vehicle and Traffic Law section: 511(3)(ii).
APRIL & JUNE, 2006
PENAL LAW

Revision of Penal Law sections 120.25, 125.25(2), 125.25(4)

Revision of Penal Law article 125, Additional Charge, Murder and Reckless Manslaughter Explained.
JANUARY, 2006

Criminal Jury Instructions

GENERAL APPLICABILITY



Corroboration of an Unsworn Witness
Corroboration of a Witness Mentally Incapable of Consent to Sex
Corroboration of a Confession
Recent, Exclusive Possession
Pre-summation Instruction

PENAL LAW
Revision of Penal Law sections 120.03 and 125.12.

Addition of Penal Law sections 220.70, 220.71, 250.45, 250.50.

OTHER CRIMES
Correction Law 168t (Sex Offense Registration Act)
JUNE, 2005

Criminal Jury Instructions

GENERAL APPLICABILITY



Accomplice by law
Accomplice by fact
Consciousness of Guilt
Deadlocked Jury
Deliberations
Duress
Expert Re Drug Trafficking
Intoxication
Justification: Arson
Justification: Burglary
Justification: Criminal Trespass
Justification: Damage to Premises
Molineux
Witness Refusal to Answer
Witness Testimony Stricken

PENAL LAW

Revised: Murder 1 per Penal Law 125.27(1)(a)(xi)
Affirmative Defense for Penal Law 130.55
Verdict Sheet for Enterprise Corruption

VEHICLE AND TRAFFIC LAW

Leaving the Scene, as a felony
Leaving the Scene, as a misdemeanor
FEBRUARY, 2005
GENERAL CHARGES

Multiple Defendants
DECEMBER,  2004

Criminal Jury Instructions

GENERAL APPLICABILITY



Character Evidence
Indictment Not Evidence
Deliberation + Verdict Procedures:
Jury Deliberations
Verdict Sheet
Jury Conduct: Role of Court + Jury
Motive
Statement, Admission, Confession

PENAL LAW

Additional Charge on Distinction Between Depraved Indifference Murder and Reckless Manslaughter, Penal Law article 125.

Penal Law: 240.05; 240.06; 240.08.
265.01(6); 265.08(1); 265.08(2); 265.09(1)(b).
460.20(1)(b); 460.20(1)(c)

OTHER CRIMES

Vehicle and Traffic Law 600(1) ff
AUGUST,  2004

Criminal Jury Instructions

GENERAL APPLICABILITY



"Deliberation Procedures" charges were added to cover Exhibits-Readback-Law and the Foreperson.

Accessorial Liability charge was revised.

PENAL LAW

Criminal Impersonation in the First Degree.
Bribe Giving and Receiving for Public Office.
Enterprise Corruption.
Disseminating Indecent Material to Minors.

Charges for the following crimes were revised:
Depraved indifference murder.
Criminal Impersonation in the Second Degree charges.
Capital charges dealing with witness elimination.

OTHER CRIMES

Vehicle and Traffic Law 1192(4)(Driving under influence of drugs)
Vehicle and Traffic Law 1212 (Reckless Driving)

Charges for Vehicle and Traffic Law 1192 (1) (2) (3) were revised to account for the amendments effective July 1, 2003.

FORMER CRIMES

The Vehicle and Traffic Law 1192 charges in effect prior to July 1, 2003 were added.
MAY,  2004

Criminal Jury Instructions

GENERAL APPLICABILITY



A charge was added for the affirmative defense of insanity.

PENAL LAW CHARGES

Charges have been added for crimes defined in the following Penal Law articles:  135, 205, 225, 265.
JANUARY,  2004
PENAL LAW CHARGES

Penal Law article 130 was revised to accord with November, 2003, amendments.

FORMER CRIMES

Charges were posted for the former Penal Law article 130 crimes and other former crimes.
DECEMBER, 2003

Criminal Jury Instructions

GENERAL APPLICABILITY



Missing Witness charge was added.

PENAL LAW CHARGES

Penal Law article 120 charges on Stalking have been revised to reflect the decision in People v. Stuart,100 NY2d 412 (2003).

Charges have been added for crimes defined in the following Penal Law articles:  120, 165, 170, 195, 205, 215, 220, 225, 255, 265.
SEPTEMBER, 2003
PENAL LAW CHARGES

Charges have been added for crimes defined in the following Penal Law articles:  156, 180, 215, 230.

Charges have been added for crimes defined in the following Penal Law sections:

120.05(11)
140.10(b), & 140.17(2)
165.10(2), & 165.11
170.70(1)+(2)+(3)(a)+(b)
175.20, 170.25, 170.40, 170.45(1), 170.45(2)
265-03(1)+(3)
270.20(1)

Charges have also been added concerning:

Affirmative Defense to Suicide
Affirmative Defense to Sex Offenses
Corroboration of Sex Offenses