CRIMINAL JURY INSTRUCTIONS 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 2013
GENERAL CHARGES
Addition of an Adverse Inference for missing Rosario material.
Revision of Justified Force: In Defense of a Person -
Deadly Physical Force
PENAL LAW
Revision of section 120.05(3).
Addition of section 120.05(3-a)
Revision of Article 140 charges.
Revision of sections 125.14(1); 125.14(4); 125.14(5); 125.14(7).
VEHICLE & TRAFFIC LAW
Revision of Reckless Driving, VTL 1212
JUNE 2012
GENERAL CHARGES
Addition to Defenses:
Justification, Emergency Measure [PL § 35.05(2)];
Witness or Victim of Overdose [PL § 220.78]
Addition to Expert: Crime Victims Syndrome
Addition of Discharge and Substitution of Juror
PENAL LAW
Addition of section 120.09
Revision of article 130
Revision of 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 section 168-t
JANUARY 2012
GENERAL CHARGES
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 CHARGES
Addition to Grand Jury Charge
Addition to Jury Separation During Deliberations Charge
JULY, 2009
PENAL LAW
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
GENERAL CHARGES
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
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
GENERAL CHARGES
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 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
CRIMESJury 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.
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)PENAL LAW
Revisiion of Penal Law article 125, Additional Charge, Murder and Reckless Manslaughter Explained.
JANUARY,
2006
GENERAL CHARGES
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
Revision of Penal Law sections 120.03 and 125.12.
Addition of Penal Law sections 220.70, 220.71, 250.45, 250.50.
Correction Law 168t (Sex Offense Registration Act)
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
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
GENERAL CHARGES
Multiple Defendants
DECEMBER,
2004
GENERAL CHARGES
Character
EvidenceGENERAL CHARGES
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)
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.GENERAL CHARGES
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.
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.
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.
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