CRIMINAL JURY INSTRUCTIONS 2d

 

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.

Model Colloquies

Added Colloquy for: Arraignment on Special Information CPL 200.60

Model Instructions

Revised Instruction for: Grand Jury Impanelment

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;

 

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The prohibition on possession of a gravity knife was repealed.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

 

 

 

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 APPLICATION

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

 

Added a Model Colloquy for Responding to a Jury Note.

Moved from Appendix of Plea of Guilty to Table of Contents:

Plea of Guilty (Abbreviated for non-felony)

 

Instructions of 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).

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 CHARGES:

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.”