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CRIMINAL JURY INSTRUTIONS 2d

HISTORY OF ADDED CHARGES

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. Return to the main page to secure a particular charge.

JANUARY, 2008

GENERAL CHARGES

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Penal Law sections: 220.28, 230.25(1), 230.04 (Note: 230.03 has been repealed), 265.01(3),270.25, 270.30, 270.35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

GENERAL CHARGES

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

GENERAL CHARGES

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)

Revisiion of Penal Law article 125, Additional Charge, Murder and Reckless Manslaughter Explained.

January, 2006

GENERAL CHARGES

Coroboration of an Unsworn Witness
Coroboration of a Witness Mentally Incapable of Consent to Sex
Coroboaration 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

GENERAL CHARGES

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

GENERAL CHARGES

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

GENERAL CHARGES

"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

GENERAL CHARGES

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

GENERAL CHARGES

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