A 934: Provides that if there is a tie when there is an even number of defendants, a peremptory challenge must be allowed.
The bill aims to reform the peremptory challenge system in New York. When multiple defendants are tried jointly, they will be treated as a single party for peremptory challenges. Each party will be allowed three peremptory challenges, but these will not be multiplied by the number of defendants. A peremptory challenge can be made by one or more defendants if a majority of the defendants join in, or if there is a tie when the number of defendants is even. If there is no majority or tie, the challenge will be disallowed. The changes will take effect immediately.
| Oct. 16, 2025 | signed chap.440 |
| Oct. 09, 2025 | delivered to governor |
| Jun. 06, 2025 | RETURNED TO ASSEMBLY |
| Jun. 06, 2025 | PASSED SENATE |
| Jun. 06, 2025 | 3RD READING CAL.1498 |
STATE OF NEW YORK ________________________________________________________________________ 934 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. MAGNARELLI -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to peremptory challenges The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 270.25 of the criminal procedure 2 law is amended to read as follows: 3 3. When two or more defendants are tried jointly, the number of 4 peremptory challenges prescribed in subdivision two of this section is 5 not multiplied by the number of defendants, but such defendants are to 6 be treated as a single party. In any such case, a peremptory challenge 7 by one or more defendants must be allowed if a majority of the defend- 8 ants join in such challenge, or if there is a tie when there is an even 9 number of defendants. Otherwise, it must be disallowed. 10 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01314-01-5