N.Y. Constitution Law § 2
Trial by jury; how waived
New York · New York Constitution Law · Status: effective · Effective 2014-09-22
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- N.Y. Constitution Law § 2, Trial by jury; how waived, New York, version 1 as recorded 2026-07-25, yourstate.us, https://yourstate.us/provision/1096151
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Full text
§ 2. Trial by jury in all cases in which it has heretofore been
guaranteed by constitutional provision shall remain inviolate forever;
but a jury trial may be waived by the parties in all civil cases in the
manner to be prescribed by law. The legislature may provide, however, by
law, that a verdict may be rendered by not less than five-sixths of the
jury in any civil case. A jury trial may be waived by the defendant in
all criminal cases, except those in which the crime charged may be
punishable by death, by a written instrument signed by the defendant in
person in open court before and with the approval of a judge or justice
of a court having jurisdiction to try the offense. The legislature may
enact laws, not inconsistent herewith, governing the form, content,
manner and time of presentation of the instrument effectuating such
waiver.