2010 New York Code
CPL - Criminal Procedure
Part 2 - THE PRINCIPAL PROCEEDINGS
Title J - PROSECUTION OF INDICTMENTS IN SUPERIOR COURTS--PLEA TO SENTENCE
Article 300 - (300.10 - 300.50) JURY TRIAL--COURT'S CHARGE AND INSTRUCTIONS TO JURY
300.10 - Court's charge; in general.

§ 300.10  Court's charge; in general.
    1.    At  the  conclusion  of the summations, the court must deliver a
  charge to the jury.
    2.   In its  charge,  the  court  must  state  the  fundamental  legal
  principles  applicable  to  criminal cases in general.   Such principles
  include, but are not limited to,  the  presumption  of  the  defendant's
  innocence,  the  requirement  that  guilt  be proved beyond a reasonable
  doubt and that the jury may not, in determining the issue  of  guilt  or
  innocence, consider or speculate concerning matters relating to sentence
  or  punishment.   Upon request of a defendant who did not testify in his
  own behalf, but not otherwise, the court must state that the  fact  that
  he  did not testify is not a factor from which any inference unfavorable
  to the defendant may be drawn.  The court must also state  the  material
  legal  principles  applicable  to  the  particular  case, and, so far as
  practicable, explain the application of the law to  the  facts,  but  it
  need  not marshal or refer to the evidence to any greater extent than is
  necessary for such explanation.
    3. Where a defendant has raised the affirmative  defense  of  lack  of
  criminal  responsibility  by  reason  of  mental  disease  or defect, as
  defined in section 40.15 of the  penal  law,  the  court  must,  without
  elaboration,   instruct   the  jury  as  follows:  "A  jury  during  its
  deliberations  must  never  consider  or  speculate  concerning  matters
  relating  to  the  consequences  of its verdict. However, because of the
  lack of common knowledge regarding the consequences of a verdict of  not
  responsible  by reason of mental disease or defect, I charge you that if
  this verdict is rendered by  you  there  will  be  hearings  as  to  the
  defendant's present mental condition and, where appropriate, involuntary
  commitment proceedings."
    4.    The  court must specifically designate and submit, in accordance
  with the provisions of sections 300.30  and  300.40,  those  counts  and
  offenses  contained  and charged in the indictment which the jury are to
  consider.  Such determination must be made,  and  the  parties  informed
  thereof,  prior to the summations.  In its charge, the court must define
  each offense so submitted and, except as otherwise  expressly  provided,
  it   must   instruct  the  jury  to  render  a  verdict  separately  and
  specifically upon each count submitted to it, and with respect  to  each
  defendant  if  there be more than one, and must require that the verdict
  upon each such count be one of the following:
    (a)  "Guilty" of the offense submitted, if there be but one; or
    (b)  Where appropriate, "guilty" of a specified one  of  two  or  more
  offenses  submitted  under the same count in the alternative pursuant to
  section 300.40; or
    (c)  "Not guilty"; or
    (d)  Where appropriate, "not responsible by reason of  mental  disease
  or defect."
    5.    Both before and after the court's charge, the parties may submit
  requests to charge, either orally or in writing, and the court must rule
  promptly upon each request.  A failure to rule upon a request is  deemed
  a denial thereof.
    6.  In  a  prosecution involving a charge of enterprise corruption, as
  defined in article four hundred sixty of the penal law, the  court  must
  specifically  designate  and  separately  submit  for jury consideration
  those criminal acts which are contained and charged  in  the  indictment
  and  which  are  supported  by  legally sufficient trial evidence. Every
  criminal act which is not so supported shall be dismissed  and  stricken
  from  the  indictment.  If  legally  sufficient trial evidence exists to
  support a lesser included offense which is also a  criminal  act  within
  the  meaning of subdivision one of section 460.10 of the penal law, such

lesser offense shall be substituted. Such determination must be made and
  the parties informed thereof, prior to the summations.  In  its  charge,
  the court must define each criminal act so submitted and, as when it may
  or  must  do  so pursuant to sections 300.40 and 300.50 of this article,
  any lesser included offense that is  also  a  criminal  act  within  the
  meaning  of  subdivision one of section 460.10 of the penal law. It must
  instruct the jury to render a verdict separately and  specifically  upon
  each  criminal  act  (and where necessary, any submitted lesser included
  offense) submitted to it with respect to each defendant. It must further
  explain to the jury that they may not consider a  charge  of  enterprise
  corruption   against  any  defendant  until  they  have  separately  and
  unanimously agreed that the defendant has committed  each  of  at  least
  three criminal acts alleged as part of the pattern of criminal activity,
  including any submitted lesser included offenses.