The criminal trial process in New York follows a set order: pretrial hearings, jury selection, opening statements, the People’s evidence, the defense case, summations, the judge’s charge, jury deliberations, a unanimous verdict, and sentencing after a conviction. The prosecution must prove every element beyond a reasonable doubt. The defendant never has to prove innocence.
The criminal trial process can feel confusing when you are living it. Knowing the order of events helps. This guide walks through each stage under the New York Criminal Procedure Law (CPL).
What are the stages of the criminal trial process in New York?
CPL §260.30 sets the general order of a jury trial. A judge can adjust the order in some cases, so treat this list as the usual path.
| Stage | What happens | Typical length |
|---|---|---|
| Pretrial hearings | The judge decides whether statements, physical evidence, or prior-record questions can be used | Hours to a few days |
| Jury selection (voir dire) | Lawyers question prospective jurors. The jury is sworn | Hours to several days |
| Opening statements | The People open. The defense may open | Minutes to an hour per side |
| The People’s case | The prosecution calls witnesses and offers exhibits. The defense cross-examines | A day to several weeks |
| Trial order of dismissal | The defense asks the judge to dismiss counts for legally insufficient evidence | Minutes to an hour |
| Defense case | The defense may call witnesses or rest. The defendant may choose not to testify | None to several days |
| Summations | The defense sums up first, then the People | Minutes to a few hours |
| Jury charge | The judge explains the law to the jury | Under an hour to a few hours |
| Deliberations and verdict | Jurors deliberate. A verdict must be unanimous | Hours to days |
| Sentencing | The judge imposes sentence after a conviction | Same day, or a later date |
These lengths are rough ranges, not rules. Every case is different.
Where does this happen locally? Felony cases that proceed by indictment are tried in a superior court, such as Onondaga County Court. Misdemeanor cases that proceed by information are tried in local criminal courts, such as city, town, and village courts. Cayuga and Oswego counties use the same CPL rules in their own courts.
What pretrial hearings happen before a criminal trial in New York?
Before trial, the defense can ask the court to keep certain evidence out. Under CPL §710.20, a defendant can move to suppress evidence that was obtained unlawfully or improperly. When the facts are disputed, the judge holds a hearing and hears witnesses. Four hearings come up often.
What is a Huntley hearing?
A Huntley hearing decides whether a statement you made to police was voluntary and can be used against you. See CPL §710.20(3).
What is a Mapp hearing?
A Mapp hearing decides whether police lawfully seized physical evidence, such as items found in a search. See CPL §710.20(1).
What is a Dunaway hearing?
A Dunaway hearing decides whether police had probable cause to arrest you. If they did not, evidence that came from the arrest may be suppressed.
What is a Sandoval hearing?
A Sandoval hearing decides whether the prosecutor may ask you about prior convictions or bad acts if you choose to testify.
What you tell police can become the center of a Huntley hearing. That is one reason we explain why speaking to police without a lawyer is risky.
The People must also share certain evidence with the defense under CPL article 245. The legislature amended that article, and the changes took effect on August 7, 2025.
Charged with a crime in Syracuse or Central New York? Call 315-424-8326 for a free, confidential consultation with a team of former Onondaga County prosecutors. Phones are answered 24/7.
How does jury selection work in a New York criminal trial?
Jury selection is called voir dire. Prospective jurors answer questions from the judge and both sides. The goal is a fair jury. CPL §270.15 sets the process for felony trials. CPL §360.20 applies the same rules in local criminal courts.
Each side can ask the judge to excuse a juror for cause, such as bias. Each side also has a limited number of peremptory challenges (CPL §§270.20 and 270.25).
The size of the jury depends on the court.
| Case type | Jury size | Statute |
|---|---|---|
| Felony tried by indictment in a superior court | 12 jurors | CPL §270.05(1) |
| Misdemeanor jury trial in a local criminal court | 6 jurors | CPL §360.10(1) |
Judges may also seat alternate jurors in case a juror cannot continue. Once the jury is sworn, the trial begins.
What happens at a criminal trial after the jury is sworn?
Opening statements
The People must give an opening statement. The defense may give one too (CPL §260.30(3) and (4)). Openings preview each side’s case. They are not evidence.
The People’s case and cross-examination
The prosecution goes first. It calls witnesses and offers exhibits. After each witness, the defense may cross-examine. Cross-examination tests memory, bias, and accuracy.
The burden stays on the People the whole time. No conviction is valid unless the trial evidence proves every element beyond a reasonable doubt (CPL §70.20).
Trial order of dismissal
At the end of the People’s case, or at the end of all the evidence, the defense may ask for a trial order of dismissal under CPL §290.10. If the court finds the evidence legally insufficient on a count, it may dismiss that count.
The defense case and the right not to testify
The defense may call witnesses or offer exhibits. It does not have to. The defense never has to prove anything.
A defendant also has the right not to testify. If the defense asks, the judge must tell the jury that not testifying is not a reason to draw an unfavorable inference (CPL §300.10(2)). If you do testify, the Sandoval ruling controls which prior acts the prosecutor may raise.
Summations and the jury charge
After the evidence, the defense may give a summation. Then the People may give theirs (CPL §260.30(8) and (9)). The judge then charges the jury on the law (CPL §300.10(1)). The charge covers the elements of the offenses and the burden of proof.
Deliberations and verdict
The jury then retires to deliberate (CPL §310.10). A verdict must be unanimous. Either side may ask that jurors be polled one by one. If any juror disagrees, the court must send the jury back to deliberate (CPL §310.80).
In limited situations, such as when jurors have deliberated for a long time without agreeing, the court may discharge the jury without a verdict (CPL §310.60).
Is a bench trial different from a jury trial?
In a bench trial, a judge alone decides the case. There is no jury. Both sides still present evidence and make arguments. The judge then decides (CPL §§320.20 and 350.10).
A defendant may waive a jury trial with limited exceptions. The waiver must be in writing, signed in open court, and approved by the court (CPL §320.10).
Local courts work a little differently:
- A person who pleads not guilty to a misdemeanor information gets a jury trial. The defendant may waive it and choose a single-judge trial (CPL §340.40(2)).
- A trial on an information charging only a violation is before a single judge (CPL §340.40(1)).
- An eligible youth in local criminal court also gets a single-judge trial (CPL §340.40(4)).
Choosing a bench trial is a major decision. It should be made with legal advice.
What happens at sentencing after a verdict?
If the verdict is not guilty, the case ends. If there is a conviction, the court must pronounce sentence on every count of conviction (CPL §380.20). Sentence must be pronounced without unreasonable delay (CPL §380.30(1)).
The court may fix a later date, schedule a pre-sentence proceeding, or in some cases sentence on the day of conviction (CPL §380.30(2)). The sentence depends on the charge and the facts.
How long does a criminal trial take?
There is no fixed length. A short misdemeanor trial may finish quickly. A felony trial with many witnesses can take longer. The number of witnesses, the pretrial hearings, and the court’s calendar all shape the criminal trial process.
The wait before trial is also limited. Under CPL §30.30, the People must be ready for trial within set periods, or the defense may move to dismiss.
| Most serious charge | People must be ready within |
|---|---|
| At least one felony | Six months |
| Misdemeanor punishable by more than three months | 90 days |
| Misdemeanor punishable by up to three months | 60 days |
| Violation only | 30 days |
Some periods are excluded from the count, so actual dates can run longer.
What should you do if you are facing a criminal trial?
- Do not discuss the case with police, witnesses, or anyone online.
- Keep every court paper and note every date.
- Ask a lawyer to review the evidence early. Early work can shape pretrial hearings and discovery.
- Read about the rights the Constitution protects during a criminal case.
- If you were just arrested, start with what to do after a criminal arrest in Syracuse.
Our team handles criminal defense in Syracuse and nearby Central New York communities, including Auburn and Oswego. Cambareri & Brenneck, PLLC is a Syracuse, NY criminal defense firm founded by former Onondaga County prosecutors. Our office is at 300 South State Street, 1st Floor, Syracuse, NY 13202. More questions? See our FAQs.
Charged with a crime in Syracuse or Central New York? Call 315-424-8326 for a free, confidential consultation with a team of former Onondaga County prosecutors. Phones are answered 24/7.
Frequently asked questions
How many jurors sit on a criminal jury in New York?
A felony jury has 12 jurors under CPL §270.05(1). A misdemeanor jury in a local criminal court has six jurors under CPL §360.10(1). Judges may also seat alternate jurors. Those alternates step in only if a regular juror cannot continue serving during the trial.
Does a defendant have to testify at trial?
No. A defendant has the right not to testify. If the defense asks, the judge must instruct the jury that the decision not to testify is not a factor from which an unfavorable inference may be drawn (CPL §300.10(2)). Whether to testify is a decision to make with legal advice.
What happens if the jury cannot reach a verdict?
A verdict must be unanimous. If jurors deliberate for a long time and cannot agree, the court may discharge the jury without a verdict in limited situations (CPL §310.60). The judge may first send the jury back to keep deliberating. What happens next depends on the case.
Who has the burden of proof at a criminal trial?
The People do. A conviction is valid only if the trial evidence proves every element of the offense, and the defendant’s commission of it, beyond a reasonable doubt (CPL §70.20). A defendant does not have to prove innocence, call witnesses, or testify.
What is the difference between a hearing and a trial?
A hearing is a pretrial proceeding where a judge decides a specific legal question, such as whether a statement or search evidence can be used. A trial decides whether the People proved the charges beyond a reasonable doubt. Pretrial hearings can change what evidence the jury or judge sees at trial.
Can a judge keep evidence out of a trial?
Yes. Under CPL §710.20, a defendant may move to suppress evidence that was obtained unlawfully or improperly. If the court grants the motion, the evidence is excluded. If the facts are disputed, the judge holds a hearing first. Whether a motion succeeds depends on the facts.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.