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Criminal 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 guide 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*
Members
Hon. Angela Badamo
Hon. Felix J. Catena
Lori C. Fioravanti, Esq.
Hon. Teresa D. Johnson
Hon. Robert M. Mandelbaum
Hon. Martin Marcus
Michael F. McEneney, Esq.*
Hon. Paula Metzler
Hon. Deborah Stevens Modica*
Hon. Michael Obus*
Vincent Rivellese, Esq.
Hon. Jay L. Weiner
Hon. Paul B. Wojtaszek
Committee Counsel
Shane Tela Hegarty, Esq.
Former Members
Former Co-Chair
Hon. Steven W. Fisher
Former Members
Hon. Lester Adler
Glenda K. Brayman, Esq.
William J. Clark, Esq.
Joseph A. Cristiano, Esq.
Guy E. Des Rosiers, Esq.
Hon. Janet DiFiore
Hon. Michael L. Dwyer
Wendy Eaton, Esq.
Hon. Joseph Grosso
Peter K. Kelly, Esq.
Paul Lewis, Esq.
Hon. Joseph P. McCarthy
Hon. Peter J. McQuillan
Hon. Richard A. Molea
Hon. Geoffrey O'Connell
Richard Mischel, Esq.
Hon. Salvatore Modica
Hon. Rosalyn H. Richter
Hon. Toko Serita
Hon. Nathan R. Sobel
Hon. Thomas M. Stark
Michael Tarbutton, Esq.
Joseph Valentino, Esq.
Hon. Barry Warhit
Hon. Joseph K. West
David E. Woodin, Esq
*Retired
