Citing New York Criminal Jury Instructions

The Bluebook isn’t particularly helpful when it comes to citing the New York Criminal Jury Instructions 2d (CJI).  The CJI are not available in print, although they may be reprinted in a secondary source. They are available via the New York Courts website.

The CJI are

a set of model charges intended as a guideline for trial judges. The instructions are, of course, based on statutory provisions and prevailing case law.

The Pace Law reference librarians came up with a way to cite the CJI that is as close to the Bluebook as we could get. Cite the CJI (in legal documents) for the affirmative defense of extreme emotional distress located in penal law section 125.25(1)(a) like this:

N.Y. Crim. Jury Instr. 2d Penal Law § 125.25(1)(a).

The short form is the same.

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