New York Laws
Article 300 - Jury Trial--Court's Charge and Instructions to Jury
300.10 - Court's Charge; in General.

(a) "Guilty" of the offense submitted, if there be but one; or
(b) Where appropriate, "guilty" of a specified one of two or more
offenses submitted under the same count in the alternative pursuant to
section 300.40; or
(c) "Not guilty"; or
(d) Where appropriate, "not responsible by reason of mental disease
or defect."
5. Both before and after the court's charge, the parties may submit
requests to charge, either orally or in writing, and the court must rule
promptly upon each request. A failure to rule upon a request is deemed
a denial thereof.
6. In a prosecution involving a charge of enterprise corruption, as
defined in article four hundred sixty of the penal law, the court must
specifically designate and separately submit for jury consideration
those criminal acts which are contained and charged in the indictment
and which are supported by legally sufficient trial evidence. Every
criminal act which is not so supported shall be dismissed and stricken
from the indictment. If legally sufficient trial evidence exists to
support a lesser included offense which is also a criminal act within
the meaning of subdivision one of section 460.10 of the penal law, such

lesser offense shall be substituted. Such determination must be made and
the parties informed thereof, prior to the summations. In its charge,
the court must define each criminal act so submitted and, as when it may
or must do so pursuant to sections 300.40 and 300.50 of this article,
any lesser included offense that is also a criminal act within the
meaning of subdivision one of section 460.10 of the penal law. It must
instruct the jury to render a verdict separately and specifically upon
each criminal act (and where necessary, any submitted lesser included
offense) submitted to it with respect to each defendant. It must further
explain to the jury that they may not consider a charge of enterprise
corruption against any defendant until they have separately and
unanimously agreed that the defendant has committed each of at least
three criminal acts alleged as part of the pattern of criminal activity,
including any submitted lesser included offenses.

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