2006 New York Code - Non-jury Trial; Nature And Conduct Thereof

 
  § 320.20  Non-jury trial; nature and conduct thereof.
    1.    A non-jury trial of an indictment must be conducted by one judge
  of the superior court in which the indictment is pending.
    2.  The court, in addition to determining all questions of law, is the
  execlusive trier of all issues of fact and must render a verdict.
    3.  The order of the trial must be as follows:
    (a)  The court must permit the parties to deliver opening addresses in
  the order provided for a trial by jury pursuant to section 260.30.
    (b)   The order in which evidence  must  or  may  be  offered  by  the
  respective  parties is the same as that applicable to a jury trial of an
  indictment as prescribed in subdivisions five, six and seven of  section
  260.30.
    (c)    The  court must permit the parties to deliver summations in the
  order provided for a trial by jury pursuant to section 260.30.
    (d)  The court must then consider the case and render a verdict.
    4.  The provisions governing motion  practice  and  general  procedure
  with  respect to a jury trial are, wherever appropriate, applicable to a
  non-jury trial.
    5.  Before considering a multiple count indictment for the purpose  of
  rendering  a verdict thereon, and before the summations if there be any,
  the court must designate and state upon the record the counts upon which
  it will render a verdict and the particular defendant or defendants,  if
  there  be  more  than one, with respect to whom it will render a verdict
  upon any particular count.   In determining what  counts,  offenses  and
  defendants  must be considered by it and covered by its verdict, and the
  form of the verdict in general, the court must be governed,  so  far  as
  appropriate  and practicable, by the provisions of article three hundred
  governing the court's submission of counts and offenses to a jury upon a
  jury trial.