Section 310.50. Verdict; form; reconsideration of defective verdict  


Latest version.
  • 1.    The  form  of the verdict must be in accordance with the court's
      instructions, as prescribed in article three hundred.
        2.  If the jury renders a verdict which in form is not  in  accordance
      with  the  court's instructions or which is otherwise legally defective,
      the court must explain the defect or error and must direct the  jury  to
      reconsider  such  verdict,  to resume its deliberation for such purpose,
      and to render a proper verdict.   If the jury persists  in  rendering  a
      defective  or  improper  verdict, the court may in its discretion either
      order that the verdict in its entirety as to any defendant  be  recorded
      as an acquittal, or discharge the jury and authorize the people to retry
      the  indictment  or  a  specified  count  or  counts  thereof as to such
      defendant; provided that if it is clear that the jury intended to find a
      defendant not guilty upon any particular count,  the  court  must  order
      that the verdict be recorded as an acquittal of such defendant upon such
      count.
        3.  If the court accepts a verdict which is defective or incomplete by
      reason  of  the jury's failure to render a verdict upon every count upon
      which it was instructed to do so, such verdict is deemed  to  constitute
      an acquittal upon every such count improperly ignored in the verdict.
        4.  In  a  prosecution  involving a charge of enterprise corruption in
      violation of article four hundred sixty of the penal law, the jury  must
      separately and specifically render a special verdict with regard to each
      criminal   act  and  any  lesser  included  offense  submitted  for  its
      consideration as a part of a pattern of criminal activity in addition to
      its verdict on the charge of enterprise corruption. In the absence of  a
      unanimous  special  verdict  of  guilty  with regard to each of at least
      three criminal acts and/or lesser included offenses  submitted  for  its
      consideration   and   legally   sufficient   to  constitute  a  person's
      participation in a pattern of criminal activity within  the  meaning  of
      subdivision  four  of  section  460.10  of the penal law, the court must
      order that the verdict on the count charging  enterprise  corruption  be
      recorded as an acquittal.