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LAWCriminal Jury Instructions (CJI)

The Criminal Jury Instructions are a set of model charges intended as a guideline for trial judges. The instructions are, of course, based on statutory provisions and prevailing case law. The Committee does not receive adversarial briefs or arguments on unresolved legal issues related to a charge, and accordingly does not necessarily attempt to resolve such issues. Further, the facts of a particular case may call for a modification of a CJI2d model charge. Of necessity, such determinations are left to the learned and sound discretion of the trial court.

Model Colloquies (MC)

The Model Colloquies are also intended as a guideline for trial judges. The Court of Appeals has held that trial-level courts are in the best position to consider what circumstances are relevant in determining how best to address various issues, such as the taking of a defendant’s plea of guilty or a waiver of a right. Thus, the Court has placed primary responsibility on the trial court for formulating an appropriate inquiry and instruction and has not mandated “any particular litany.” See, e.g., People v Conceicao, 26 NY3d 375, 382 (2015). These model colloquies are accordingly intended as a helpful guide to a trial court in fulfilling its responsibility.

 

NEW YORK UNIFIED COURT SYSTEM CJI AND MC COMMITTEE

Members


Co-Chairs
Hon. Patricia D. Marks*
Hon. William C. Donnino

Judicial Members
Hon. Lester B. Adler
Hon. Felix J. Catena
Hon. Teresa D. Johnson
Hon. Robert M. Mandelbaum
Hon. Martin Marcus
Hon. Rosalyn H. Richter
Hon. Toko Serita
Hon. Barry Warhit
Hon. Paul B. Wojtaszek

Attorney Members
Joseph A. Cristiano, Esq.
Timothy Donaher, Esq.
Lori C. Fioravanti, Esq.
Michael F. McEneney, Esq.
Vincent Rivellese, Esq.
Michael D. Tarbutton, Esq.
Jay L. Weiner, Esq.

Committee Counsel
Angela Badamo, Esq.

 

 

Former Members


Former Co-Chair
Hon. Steven W. Fisher**

Former Judicial Members
Hon. Janet DiFiore
Hon. Michael L. Dwyer
Hon. Joseph Grosso* 
Hon. Joseph P. McCarthy*
Hon. Peter J. McQuillan*
Hon. Richard A. Molea*
Hon. Geoffrey O'Connell*
Hon. Salvatore Modica
Hon. Nathan R. Sobel**
Hon. Thomas M. Stark**
Hon. Joseph K. West*

Former Attorney Members
Glenda K. Brayman, Esq.
William J. Clark, Esq.
Guy E. Des Rosiers, Esq.
Wendy Eaton, Esq.
Peter K. Kelly, Esq.
Paul Lewis, Esq.
Richard  Mischel, Esq.
Joseph Valentino, Esq.
David E. Woodin, Esq.

 

*  Retired

** Deceased