NY · jury_instructions
CJI2d[NY] Jury Admonition - Previous Proceeding
Previous Proceeding Admonition
Introduction
Caveat: The jury need not always be given this instruction.
Whether it is appropriate to give this instruction at some point in the trial will depend on what evidence, if any, from the prior proceeding has or will be introduced; and whether that evidence may raise a question in the minds of the jury about the prior proceeding; and what the position of the parties is.
It is recommended that the court instruct the lawyers to refer to a prior trial (if necessary) as a prior proceeding.
Instruction
Members of the jury, there was a prior proceeding related to these charges to which reference might be made in the course of this trial.¹
You must not speculate as to the nature [or result] of the prior proceeding, or otherwise consider the prior proceeding for any purpose.
History
Caption: Previous Proceeding Admonition. Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
852f5b5b61e98a1c8ee0788ec8dfa74af7632319ba254439357bb8f55ab00970
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