FREE CONSULTATIONS & WE'RE AVAILABLE 24/7

Rated 5 Stars By Yelp and Lawyer Ranking Services

Over 50 Years of Criminal Defense Legal Experience

Numerous Office Locations in NYC and Long Island

Todd Spodek - Nationally Recognized Criminal Attorney

Peremptory Challenges in New York Criminal Trials

Peremptory Challenges in New York Criminal Trials

Peremptory

  • that precludes or does not admit of debate, question, etc.
  • decisive or final
  • in which a command is absolute and unconditional

In New York Criminal Trials, both the prosecution (the ADA or Assistant District Attorney) and the defense have a set amount of peremptory challenges to the prospective jurors. This means that both sides can reject a set statutory number of potential jurors without having to give the court any reason. This is in contrast to challenging a juror for cause – in which a reason must be provided to the court for why the juror might be unable to reach a fair verdict.

The New York Criminal Procedure Law 270.25 governs peremptory challenges in jury trials in New York. Once a peremptory challenges is made, the court has no option but to excuse the juror. Each party is allowed the following number of peremptory challenges based on the top count of the indictment.

If you are charged with a class A felony, then the law permits you 20 with 2 for each alternate juror to be selected

If you are charged with a class B or class C felony, then the law permits you 15 with 2 for each alternate jurors to be selected

If you are charged with a class D felony or E felony, then the law permits you 10 with 2 for each alternate jurors to be selected

What happens if it is a co-defendant trial with two or more co-defendants?

The defendants are treated as one party and are given one set amount of peremptory challenges. If the majority of the defendants join in on the challenge then it will be allowed.  If a majority does not join in, then the juror will stay.

What about in Misdemeanor trials?

Under Article 360, specifically CPL 360.30 each party is provided three peremptory challenges. Under CPL 360.35(1) one peremptory challenge is permitted in the selection of an alternate juror.

Peremptory Challenges in New York Criminal Trials

Practice Areas

Request Free Consultation

Testimonials

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to your inquiry within 24-hours guaranteed.

Manhattan

85 Broad Street, 30th Floor
New York, NY 10005

Queens

35-37 36th St,
Astoria, NY 11106

Brooklyn

195 Montague St.
14th Floor,
Brooklyn, NY 11201

Manhattan

85 Broad Street, 30th Floor
New York, NY 10005

Phone

888-977-6335

Queens

35-37 36th St,
Astoria, NY 11106

Phone

888-977-6335

Brooklyn

195 Montague St.
14th Floor,
Brooklyn, NY 11201

Phone

888-977-6335

We serve all major cities and states: Chicago - Dallas - New Jersey - Alaska - Baltimore - Bronx - Brooklyn - Buffalo - Connecticut - El Paso - Idaho - Indiana - Iowa - Kansas - Kentucky - Long Island - Maine - Minnesota - Missouri - Montana - New Hampshire - New Mexico - North Carolina - North Dakota - Ohio - Oklahoma - Queens - Tennessee - Vermont - West Virginia - Wyoming - Los Angeles - Montana - Rhode Island - Westchester

No recipient of content from this site, client or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. Spodek Law Group expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this site.   Any information sent to Spodek Law Group via Internet e-mail or through the Spodek Law Group Web site is not secure and is done so on a non-confidential basis. The transmission of the Spodek Law Group site, in part or in whole, and/or communication with Spodek Law Group, via Internet e-mail through this site does not constitute or create an attorney-client relationship between Spodek Law Group and any recipients.   The firm does not necessarily endorse, and is not responsible for, any third-party content that may be accessed through this website. Every case is different, merely reading the information on our website does not create an attorney-client relationship. All visitors to our websites are told that Spodek Law Group may work with affiliate lawyers, also known as Local Counsel, in cities and states across the USA. These affiliated lawyers, Local Counsel, may assist the firm on a case by case basis. They operate their own respective law firms, are independent of the Spodek Law Group, and are not employees/partners/of counsel to the firm. Clients viewing our website should be aware that when viewing our firm’s website, we may include and combine the experience and knowledge of both firms. References to a particular city, or state, in any article on this website does not mean that the firm has a physical office in that state or city. Call Now Button