1. A trial jury consists of twelve jurors, but 'alternate jurors' may be selected and sworn pursuant to section 270.30. 2. The panel from which the jury is drawn is formed and selected as prescribed in the judiciary law. The first twelve members of the panel returned for the term who appear as their names are drawn and called, and who are not excluded as prescribed by this article, must be sworn and thereupon constitute the trial jury.
New York Legal Code