Relates to peremptory challenges where there are two or more defendants

Latest action Oct 16, 2025

Provides that if there is a tie when there is an even number of defendants, a peremptory challenge must be allowed.

Not chosen yet

Where it stands

Signed into law.

Introduced
In committee
Up for a vote
Passed one chamber
Passed
Enacted

New York State Senate

Same as A934, the matching bill in the Assembly.

Passed as A934, the matching Assembly bill.

Amends the Criminal Procedure Law.

Committee

Codes · New York State Assembly

Also referred to Codes · New York State Senate.

Purpose, from the sponsor's memo

To clarify the procedure on when to allow the use of peremptory chal- lenges in criminal trials with an even number of defendants when there is a tie between defendants on using a challenge. It requires the chal- lenge to be honored in that situation.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

Vote: Floor vote
NY SenateJun 6, 2025Result: passedSenate vote on A934, the matching Assembly bill.
(53) (0) (0) (10)
Vote: Committee vote · Rules
Senate RulesMay 29, 2025Result: passed
(19) (1) (0) (1)

Cosponsors

Jen Lunsford, Maritza Davila and 2 more on Agora

Democratic4

See the full list on nysenate.gov

The sponsor's argument

Why Patricia Fahy says this is needed

Currently, under § 270.25(3) and § 360.30(2) of the Criminal Procedure Law the trial court judge must grant a peremptory challenge when the majority of defendants in the case choose to use one. However, the law is silent on what to do in a case with an even number of defendants (e.g. 2, 4, 6, etc.) where there is a tie between the defendants. This has created confusion for trial judges when it has come up. This bill would clarify the law by requiring the challenge to go through so as not to prejudice the defendants wishing to exercise the challenge.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

Oct 16, 2025
Signed
SIGNED CHAP.440
NY Assembly
Oct 9, 2025
Sent to the executive
DELIVERED TO GOVERNOR
NY Assembly
Jun 6, 2025
3RD Reading CAL.1498
3RD READING CAL.1498
NY Senate
Jun 6, 2025
Passed a chamber
PASSED SENATE
NY Senate
Jun 6, 2025
Substituted
SUBSTITUTED FOR S6735A
NY Senate

Show full history (11 earlier events)

May 29, 2025
In committee
COMMITTEE DISCHARGED AND COMMITTED TO RULES
NY Senate
May 29, 2025
Ordered to Third Reading CAL.1498
ORDERED TO THIRD READING CAL.1498
NY Senate
May 12, 2025
Sent to the executive
DELIVERED TO SENATE
NY Assembly
May 12, 2025
Passed a chamber
PASSED ASSEMBLY
NY Assembly
May 12, 2025
Referred to committee
REFERRED TO CODES
NY Senate
May 8, 2025
Advanced to Third Reading CAL.122
ADVANCED TO THIRD READING CAL.122
NY Assembly
May 6, 2025
Reported out of committee
REPORTED
NY Assembly
May 5, 2025
Amend and Recommit to Codes
AMEND AND RECOMMIT TO CODES
NY Senate
Apr 25, 2025
Amend and Recommit to Codes
AMEND AND RECOMMIT TO CODES
NY Assembly
Mar 21, 2025
Referred to committee
REFERRED TO CODES
NY Senate
Jan 8, 2025
Referred to committee
REFERRED TO CODES
NY Assembly

About this record

Summary: The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.
Cosponsors: The list shows the cosponsors who are on Agora, A to Z. The official record may list more.
Party colors: Parties are shown in the same neutral colors.
Source: From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 22, 2026. About our data

Read the record

Read on NY Senate (opens in a new tab) The official record on nysenate.gov.

Your position