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.
March 2026
General Applicability [NEW]
Added admonitions, when appropriate, about:
Defendant’s DNA in a database
Juror outburst during trial
Recording played with aid of a transcript
Previous proceeding
Witness testimony via prior proceeding transcript
Penal Law
Updated following to require operability of weapon:
Penal Law § 140.17(2), Cr. Trespass 1 st degree
Penal Law § 155.30, GL 4 th degree
Penal Law § 165.45 , Cr Poss of Stolen Property 4
VTL
Updated VTL instructions where “impaired” is an element per: People v Dondorfer , _NY3d_, 2026 NY Slip Op 00823 (2026), abrogating People v Caden N., 189 AD3d 84 (3d Dept 2020).
Amended the definition of “operate” to delete the word “either” in an “either … or” portion of the sentence in order to make the definition uniform throughout the VTL instructions. No substantive change was intended or made.
Model Colloquies
Waiver of Conflict of Interest when defendant’s attorney is charged with a crime. [New]
Waiver of Appeal – primarily an update of endnotes; added to the colloquy’s list of issues not waived (as recently held by the Court of Appeals) "defendant's challenge to the constitutionality of a statute on its face"; and added a sentence to paragraph 2 of the colloquy which is explained in endnote 4.
Plea of guilty – updated opening colloquy question.
December 2025
General Applicability
Updated Circumstantial Evidence instruction to include in footnote 4 an alternative example that explains the difference between direct and circumstantial evidence.
Model Colloquies
Added a "Reasons for a Securing Order" colloquy to accord with People ex rel. Kon v. Maginley-Liddie , _N.Y.3d_, 2025 NY Slip Op 05785, 2025 WL 2955737 [2025].
October 2025
General Applicability
Updated CJI2d Confession to include an instruction for successive statements when the first statement was not preceded by Miranda warnings or the warnings that were given were insufficient.
Updated CJI2d Justification, as explained in footnote one of the instruction.
CJI Penal Law:
Penal Law § 263.15 and 263.16 — amended to include a 2025 statutory amendment of the definition of each crime.
Penal Law § 265.01-c — amended to include a statutory addition of “pistol converter” to the list of “rapid fire modification devices.”
Model Colloquies
Plea of Guilty – added an opening question by the court to the defendant on the terms of any plea agreement.
March 2025
Penal Law:
Revised 197.78 etc. Identity Theft - again per statutory amendment (L. 2025, c. 31).
January 2025
General Applicability
Anonymous Jury
Penal Law:
190.78 etc. Identity Theft - per statutory amendment (L. 2024, c. 613).
240.30 amended to reflect statutory addition
Vehicle & Traffic Law:
1192(2-a) (b); (4); and (4)(a) amended to include Appellate Division, 4th Dept, decision.
October 2024
General Applicability
Chain of Custody of fungible evidence
Penal Law:
120.05 Amended to include Assault on additional workers.
120.09 Amended “Assault on a Judge”
120.09-a New: “Aggravated Assault on a Judge”
120.19 New: “Assault on a Retail Worker”
155.35(3); 155.40(3); 155.42(2): New: Larceny by Deed Theft
155.30(12); 155.35(3); 155.40; 155.42 New: Larceny of Retail Property (4 degrees)
155.30(2)-(4)-(7)-(11) Revised: Larceny 4 of Specific Property
165.66 New: “Fostering the Sale of Stolen Goods”
187.25 New: “Residential Mortgage Fraud”
195.05(2) New subdivision of: “Obstructing Gov’t Administration”
240.30 New subdivision of: “Aggravated Harassment in second degree”
240.33 New: “Aggravated Harassment of a Judge”
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