New York Assembly Bill A00934

New York 2025-2026 Regular Session

• Introduced: 1/8/25
• Refer: 1/8/25
• Report Pass: 5/6/25
• Engrossed: 5/12/25
• Refer: 5/12/25
• Engrossed: 6/6/25

Caption

Provides that if there is a tie when there is an even number of defendants, a peremptory challenge must be allowed.

Impact

This legislation seeks to streamline the trial process and reduce potential inequities that might arise when multiple defendants are involved. Currently, the system allows for each defendant to present separate peremptory challenges, potentially complicating proceedings and leading to unequal advantages in jury selection. By standardizing the process, the bill intends to promote fairness during trials and ensure that every defendant's voice is adequately represented without overpowering the others.

Summary

Bill A00934 aims to amend the criminal procedure law regarding the use of peremptory challenges in cases where multiple defendants are tried together. The bill stipulates that when two or more defendants are on trial, their peremptory challenges will not multiply with the number of defendants but will be treated as a single party. A peremptory challenge must be permitted if a majority of the defendants agree, or if there is a tie amongst them when there's an even number of defendants.

Conclusion

Overall, A00934 highlights an important evolution in how the criminal justice system operates with respect to jury selection. By potentially facilitating a more cohesive and efficient trial process, the bill could enhance judicial proceedings while making the rights of defendants clearer within the context of group trials.

Contention

One notable point of contention that may arise from this proposed change relates to the balance of power during jury selection. Critics may argue that treating defendants as a single party could undermine the individual rights of each defendant to challenge jurors independently, particularly in cases where defendants are not aligned in strategy or interest. Advocates for the bill argue that the risk of individual challenges creating confusion or bias within the jury pool necessitates this amendment.