New York statute
N.Y. Criminal Procedure Law § 360.35 — Trial jury; alternate juror
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 360: Jury Trial, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 360.35
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
360.35 Trial jury; alternate juror.
1. Immediately after the last trial juror is sworn, the court may in
its discretion direct the selection of either one or two additional
jurors to be known as "alternate jurors." The alternate jurors must be
drawn in the same manner, must have the same qualifications, must be
subject to the same examination and challenges for cause and must take
the same oath as the regular jurors. Whether or not a party has used
its peremptory challenge in the selection of the trial jury, one
peremptory challenge is authorized in the selection of the alternate
jurors.
2. The provisions of section 270.35 with respect to alternate jurors
are also applicable to a trial jury in a local criminal court.
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