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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 reason for, and nature of, a revision is normally reported in the first footnote of the charge.

The most recent additions or revisions are listed first.

Return to the main page to secure a particular charge.

 

JUNE 2014

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

GENERAL CHARGES

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
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
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

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
GENERAL CHARGES

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
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

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

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

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)

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

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
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