S 6735 New York Senate · 2025 Regular Session

Relates to peremptory challenges where there are two or more defendants

This bill (S 6735) changes courtroom procedures for joint trials involving two or more defendants. It clarifies that when defendants are tried together, they are treated as a single party for peremptory challenges (challenges to remove jurors without cause). Specifically, a peremptory challenge must be permitted if a majority of defendants agree, or if there is a tie (e.g., a 1-1 split with two defendants). The bill directly affects defendants in joint criminal trials by standardizing how challenges are handled during jury selection. It is procedural in nature, focusing on trial mechanics rather than substantive policy.
Bill status in committee 1 of 4 stages cleared
Introduction
Mar 2025
Committee Review
Floor Vote
Governor
Introduced Mar 21, 2025 Last action Jun 6, 2025
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What changed between versions

S6735 S6735A · 3 edits
MINOR
This bill amends New York's criminal procedure laws regarding peremptory challenges in joint trials. It clarifies that when multiple defendants are tried together, their peremptory challenges are not multiplied but treated as a single party, with challenges allowed only if a majority of defendants join in the challenge or if there is a tie.
Scope change
The bill expands the application of peremptory challenge rules to both the criminal procedure law's general provisions and specific sections governing peremptory challenges, ensuring consistent treatment across different parts of the law.
REQUIREMENT

Changed the rule for joint trials so defendants are treated as a single party rather than having individual challenge counts multiplied

Added explicit provision that each party gets three peremptory challenges when defendants are tried jointly

TECHNICAL

Revised the bill's committee assignment process to include committee discharge and amendment procedures

Floor votes

How they voted

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Full legislative history

Actions timeline

Total actions
6
Key actions
2
Committee
2
Amendments
2
May 29, 2025
Committee
COMMITTEE DISCHARGED AND COMMITTED TO RULES
upper
May 5, 2025
Upper · Passed
PRINT NUMBER 6735A
upper
May 5, 2025
Upper · Passed
AMEND AND RECOMMIT TO CODES
upper
Mar 21, 2025
Committee
REFERRED TO CODES
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Pat Fahy
Pat Fahy
DDemocratic
NY
46