1. Copyright © 2019 Robert Costello. All rights reserved.
Pretrial Procedures
Arraignment
A defendants first appearance before a judge.
Defendant learns the specifics of the charges against him or her and the court must provide the defendant with the accusatory instrument.
Defendant will enter a plea.
Court determines whether the defendant may be released on his/her own recognizance or whether bail will be set.
Copyright © 2019 Robert Costello. All rights reserved.

2. Pretrial Procedures – continued
Preliminary Hearing (rare in NY)
In some felony cases, the defendant may receive a preliminary hearing to ascertain whether the prosecutor has sufficient evidence to keep the defendant held in jail.
Grand Jury Indictment
Under New York state law, unless the defendant waives the right, all felony cases must be presented to the grand jury.
The Grand Jury, made up of 23 jurors, will hear and examine evidence presented by the prosecutor to determine whether the prosecutor has presented legally sufficient evidence that provides reasonable cause to believe that the defendant has committed the crime.
If so, the Grand Jury will vote for an indictment and the defendant will be formally arraigned on the indictment.
Copyright © 2019 Robert Costello. All rights reserved.

3. Pretrial Procedures - continued
Plea Agreements (aka Plea Bargain)
A defendant may enter into a plea agreement at any state of the criminal process.
A plea agreement occurs when, in exchange for the defendant’s guilty plea, the prosecutor may offer the defendant to plead guilty to a lesser included offense or for a more lenient sentence.
However, the judge is the only one who can decide the exact sentence and the judge must approve all plea agreements.
Copyright © 2019 Robert Costello. All rights reserved.

4. Pretrial Procedures - continued
Pretrial Motions
After the formal arraignment, but before the trial, the defendant may participate in many pretrial motions that can be filed by the prosecutor or defendant.
This allows the defendant to obtain information and documents and to examine physical evidence that the prosecution plans to use against him.
Hearings may be held for the judge to decide whether the motions should be granted.
Motions/hearings regarding statements made by defendant and evidence recovered from defendant are common.
Copyright © 2019 Robert Costello. All rights reserved.

5. Copyright © 2019 Robert Costello. All rights reserved.
Criminal Trial
Over 90% of criminal cases in New York State reach a plea agreement.
If no plea agreement is offered or accepted, the case will go to trial.
Bench Trial
Trial in front of a judge; judge decides verdict.
Jury Trial
Trial in front of a jury; jury decides verdict.
Copyright © 2019 Robert Costello. All rights reserved.

6. Criminal Trial - continued
Jury Selection (Voir Dire)
The jury pool is randomly selected based on the county of residence.
Before empaneling a jury, each potential juror is questioned by judge, prosecutor, and defense attorney regarding whether the juror can be fair and impartial as a juror on the specific case.
Presentation of Evidence
After opening statements, the prosecutor and defense attorney each have an opportunity to present its case by introducing evidence.
After each side rests, each makes a closing argument asking the jury to find the defendant either guilty or not guilty.
The judge will instruct the jury regarding the presumption of innocence, proof beyond a reasonable doubt, and the specific charges relating to the presentation of evidence of defendant’s actions.
Copyright © 2019 Robert Costello. All rights reserved.

7. Criminal Trial - continued
Jury Deliberations
Once the trial has finished, the jury will deliberate in secrecy.
The jury’s verdict must be announced by the foreperson of the jury in the courtroom in the presence of the court, a prosecutor, the defendant’s attorney, and the defendant.
Copyright © 2019 Robert Costello. All rights reserved.

8. Sentencing and Corrections
Occurs after a defendant is found guilty by a trial verdict or a plea of guilty.
Commonly include jail, prison, probation, conditional discharge, unconditional discharge, and imposition of a fine.
In New York, sentencing includes “split sentences,” which entail a specific jail term followed by probation after release from jail.
New York State Department of Corrections and Community Supervision (NYDOCS)
Agency responsible for all individuals in state facilities and parolees released from state prisons.
Individual counties and New York City run the local jails where inmates are awaiting criminal trial or have been sentenced to one year or less in jail.
Copyright © 2019 Robert Costello. All rights reserved.

9. Copyright © 2019 Robert Costello. All rights reserved.
The full set of 192 slides is available upon adoption of this book. If you are a professor using this book for a class, please contact Beth at for your slides.
Copyright © 2019 Robert Costello. All rights reserved.