Section 340.40. Modes of trial  


Latest version.
  • 1.    Except  as  otherwise  provided  in  this section, a trial of an
      information in a local criminal court must be a single judge trial.
        2.  In any local criminal court a defendant who has entered a plea  of
      not  guilty  to  an  information  which  charges  a  misdemeanor must be
      accorded a jury trial,  conducted  pursuant  to  article  three  hundred
      sixty,  except  that in the New York city criminal court the trial of an
      information which charges a misdemeanor for which the authorized term of
      imprisonment is not more than six months must be a single  judge  trial.
      The  defendant  may  at  any time before trial waive a jury trial in the
      manner prescribed in subdivision two of section 320.10, and consent to a
      single judge trial.
        3. A defendant entitled to a jury trial pursuant to  subdivision  two,
      shall be so entitled even though the information also charges an offense
      for  which  he is otherwise not entitled to a jury trial.  In such case,
      the defendant is not entitled both to a jury trial and a separate single
      judge trial and the court may not order separate trials.
        7.  Notwithstanding any other provision of law, in any local  criminal
      court  the trial of a person who is an eligible youth within the meaning
      of the youthful offender procedure set forth in  article  seven  hundred
      twenty and who has not prior to commencement of the trial been convicted
      of  a  crime  or  adjudicated a youthful offender must be a single judge
      trial.