Verdict; form; reconsideration of defective verdict

§ 310.50 Verdict; form; reconsideration of defective verdict.

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.