Trial jury; examination of prospective jurors; challenges generally

§ 270.15 Trial jury; examination of prospective jurors; challenges

generally.

1. (a) If no challenge to the panel is made as prescribed by section
270.10 of this article, or if such challenge is made and disallowed, the
court shall direct that the names of not less than twelve members of the
panel be drawn and called as prescribed by the judiciary law, except as
otherwise required by this section. Such persons shall take their places
in the jury box and shall be immediately sworn to answer truthfully
questions asked them relative to their qualifications to serve as jurors
in the action. In its discretion, the court may require prospective
jurors to complete a questionnaire concerning their ability to serve as
fair and impartial jurors, including but not limited to place of birth,
current address, education, occupation, prior jury service, knowledge
of, relationship to, or contact with the court, any party, witness or
attorney in the action and any other fact relevant to his or her service
on the jury. An official form for such questionnaire shall be developed
by the chief administrator of the courts in consultation with the
administrative board of the courts. A copy of questionnaires completed
by the members of the panel shall be given to the court and each
attorney prior to examination of prospective jurors.

(b) The court shall initiate the examination of prospective jurors by
identifying the parties and their respective counsel and briefly
outlining the nature of case to all the prospective jurors. The court
shall then put to the members of the panel who have been sworn pursuant
to this subdivision and to any prospective jurors subsequently sworn,
questions affecting their qualifications to serve as jurors in the
action.

(c) The court shall permit both parties, commencing with the people,
to examine the prospective jurors, individually or collectively,
regarding their qualifications to serve as jurors. Each party shall be
afforded a fair opportunity to question the prospective jurors as to any
unexplored matter affecting their qualifications, but the court shall
not permit questioning that is repetitious or irrelevant, or questions
as to a juror's knowledge of rules of law. If necessary to prevent
improper questioning as to any matter, the court shall personally
examine the prospective jurors as to that matter. The scope of such
examination shall be within the discretion of the court. After the
parties have concluded their examinations of the prospective jurors, the
court may ask such further questions as it deems proper regarding the
qualifications of such prospective jurors.

1-a. The court may, upon a finding that there is good cause to believe
that a threat to the safety or integrity of the jury exists, upon motion
of either party or any affected person or upon its own initiative, issue
a protective order for a stated period regulating disclosure of the
names and the business or residential address of any prospective or
sworn juror to any person or persons, other than to counsel for either
party. In determining whether good cause exists, the court may consider:

(a) whether the defendant or persons acting on behalf of the defendant
have bribed, tampered with, or caused or attempted to cause physical
injury to or harassed a juror or prospective juror in another criminal
action or proceeding or in the instant criminal action or proceeding;

(b) the seriousness of the charges against the defendant, including
whether the defendant is charged with participating in a large-scale
criminal enterprise; and

(c) the extent of pretrial publicity concerning the criminal action or
proceeding.

1-b. If the court determines that a protective order should be issued
and that all jurors or prospective jurors shall be identified by some
means other than their names and business or residential addresses, the
court shall instruct the jury that the fact that the jury was selected
on an anonymous basis is not a factor from which any inference
unfavorable to the defendant may be drawn.

2. Upon the completion of such examination by both parties, each,
commencing with the people, may challenge a prospective juror for cause,
as prescribed by section 270.20. If such challenge is allowed, the
prospective juror must be excluded from service. After both parties have
had an opportunity to challenge for cause, the court must permit them to
peremptorily challenge any remaining prospective juror, as prescribed by
section 270.25, and such juror must be excluded from service. The people
must exercise their peremptory challenges first and may not, after the
defendant has exercised his peremptory challenges, make such a challenge
to any remaining prospective juror who is then in the jury box. If
either party so requests, challenges for cause must be made and
determined, and peremptory challenges must be made, within the courtroom
but outside of the hearing of the prospective jurors in such manner as
not to disclose which party made the challenge. The prospective jurors
who are not excluded from service must retain their place in the jury
box and must be immediately sworn as trial jurors. They must be sworn to
try the action in a just and impartial manner, to the best of their
judgment, and to render a verdict according to the law and the evidence.

3. The court may thereupon direct that the persons excluded be
replaced in the jury box by an equal number from the panel or, in its
discretion, direct that all sworn jurors be removed from the jury box
and that the jury box be occupied by such additional number of persons
from the panel as the court shall direct. In the court's discretion,
sworn jurors who are removed from the jury box as provided herein may be
seated elsewhere in the courtroom separate and apart from the unsworn
members of the panel or may be removed to the jury room or be allowed to
leave the courthouse. The process of jury selection as prescribed herein
shall continue until twelve persons are selected and sworn as trial
jurors. The juror whose name was first drawn and called must be
designated by the court as the foreperson, and no special oath need be
administered to him or her. If before twelve jurors are sworn, a juror
already sworn becomes unable to serve by reason of illness or other
incapacity, the court must discharge him or her and the selection of the
trial jury must be completed in the manner prescribed in this section.

4. A challenge for cause of a prospective juror which is not made
before he is sworn as a trial juror shall be deemed to have been waived,
except that such a challenge based upon a ground not known to the
challenging party at that time may be made at any time before a witness
is sworn at the trial. If such challenge is allowed by the court, the
juror shall be discharged and the selection of the trial jury shall be
completed in the manner prescribed in this section, except that if
alternate jurors have been sworn, the alternate juror whose name was
first drawn and called shall take the place of the juror so discharged.