§ 200.60 — Indictment; allegations of previous convictions prohibited

New York § 200.60

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title I: Preliminary Proceedings In Superior Court
• Part 2: The Principal Proceedings
• Art. 200: Indictment and Related Instruments

Text

§ 200.60 Indictment; allegations of previous convictions prohibited.\n 1. When the fact that the defendant has been previously convicted of\nan offense raises an offense of lower grade to one of higher grade and\nthereby becomes an element of the latter, an indictment for such higher\noffense may not allege such previous conviction. If a reference to\nprevious conviction is contained in the statutory name or title of such\nan offense, such name or title may not be used in the indictment, but an\nimprovised name or title must be used which, by means of the phrase "as\na felony" or in some other manner, labels and distinguishes the offense\nwithout reference to a previous conviction. This subdivision does not\napply to an indictment or a count thereof that charges escape in the\nsecond degree pursuant to subdivision two of section 205.10 of the penal\nlaw, or escape in the first degree pursuant to section 205.15 thereof.\n 2. An indictment for such an offense must be accompanied by a special\ninformation, filed by the district attorney with the court, charging\nthat the defendant was previously convicted of a specified offense.\nExcept as provided in subdivision three, the people may not refer to\nsuch special information during the trial nor adduce any evidence\nconcerning the previous conviction alleged therein.\n 3. After commencement of the trial and before the close of the\npeople's case, the court, in the absence of the jury, must arraign the\ndefendant upon such special information, and must advise him that he may\nadmit the previous conviction alleged, deny it or remain mute.\nDepending upon the defendant's response, the trial of the indictment\nmust then proceed as follows:\n (a) If the defendant admits the previous conviction, that element of\nthe offense charged in the indictment is deemed established, no evidence\nin support thereof may be adduced by the people, and the court must\nsubmit the case to the jury without reference thereto and as if the fact\nof such previous conviction were not an element of the offense. The\ncourt may not submit to the jury any lesser included offense which is\ndistinguished from the offense charged solely by the fact that a\nprevious conviction is not an element thereof.\n (b) If the defendant denies the previous conviction or remains mute,\nthe people may prove that element of the offense charged before the jury\nas a part of their case. In any prosecution under subparagraph (ix) of\nparagraph (a) of subdivision one of section 125.27 of the penal law, if\nthe defendant denies the previous murder conviction or remains mute, the\npeople may prove that element of the offense only after the jury has\nfirst found the defendant guilty of intentionally causing the death of a\nperson as charged in the indictment, in which case the court shall then\npermit the people and the defendant to offer evidence and argument\nconsistent with the relevant provisions of section 260.30 of this\nchapter with respect to the previous murder conviction.\n 4. Nothing contained in this section precludes the people from proving\na prior conviction before a grand jury or relieves them from the\nobligation or necessity of so doing in order to submit a legally\nsufficient case.\n