§ 370.15 — Procedure for determining whether certain misdemeanor crimes are serious offenses under the penal law

New York § 370.15

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title K: Prosecution of Informations In Local Criminal Courts-plea to Sentence
• Part 2: The Principal Proceedings
• Art. 370: Proceedings From Verdict to Sentence

Text

§ 370.15 Procedure for determining whether certain misdemeanor crimes\n are serious offenses under the penal law.\n 1. When a defendant has been charged with assault in the third degree,\nmenacing in the third degree, menacing in the second degree, criminal\nobstruction of breathing or blood circulation, unlawful imprisonment in\nthe second degree, coercion in the third degree, criminal tampering in\nthe third degree, criminal contempt in the second degree, harassment in\nthe first degree, aggravated harassment in the second degree, criminal\ntrespass in the third degree, criminal trespass in the second degree,\narson in the fifth degree, or attempt to commit any of the above-listed\noffenses, the people shall, at arraignment or no later than forty-five\ndays after arraignment, serve on the defendant and file with the court a\nnotice alleging that the defendant and the person alleged to be the\nvictim of such crime were members of the same family or household as\ndefined in subdivision one of section 530.11 of this chapter.\n 2. Such notice shall include the name of the person alleged to be the\nvictim of such crime and shall specify the nature of the alleged\nrelationship as set forth in subdivision one of section 530.11 of this\nchapter. Upon conviction of such offense, the court shall advise the\ndefendant that he or she is entitled to a hearing solely on the\nallegation contained in the notice and, if necessary, an adjournment of\nthe sentencing proceeding in order to prepare for such hearing, and that\nif such allegation is sustained, that determination and conviction will\nbe reported to the division of criminal justice services. If such\nallegation is sustained, the court shall report the determination and\nconviction to the division of criminal justice services within three\nbusiness days.\n 3. After having been advised by the court as provided in subdivision\ntwo of this section, the defendant may stipulate or admit, orally on the\nrecord or in writing, that he or she is related or situated to the\nvictim of such crime in the manner described in subdivision one of this\nsection. In such case, such relationship shall be deemed established. If\nthe defendant denies that he or she is related or situated to the victim\nof the crime as alleged in the notice served by the people, or stands\nmute with respect to such allegation, then the people shall bear the\nburden to prove beyond a reasonable doubt that the defendant is related\nor situated to the victim in the manner alleged in the notice. The court\nmay consider reliable hearsay evidence submitted by either party\nprovided that it is relevant to the determination of the allegation.\nFacts previously proven at trial or elicited at the time of entry of a\nplea of guilty shall be deemed established beyond a reasonable doubt and\nshall not be relitigated. At the conclusion of the hearing, or upon such\na stipulation or admission, as applicable, the court shall make a\nspecific written determination with respect to such allegation.\n