§ 71-0207 — Pleas by mail

New York § 71-0207

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 2: General Law Enforcement Provisions
• Art. 71: Enforcement

Text

§ 71-0207. Pleas by mail.\n A defendant charged with a violation of any provision of this chapter\nor rule, regulation or order promulgated or adopted thereunder may\nhimself plead guilty to the charge in open court. He may also submit to\nthe magistrate having jurisdiction, in person, by duly authorized agent,\nor by registered mail, a statement (a) that he waives arraignment in\nopen court and the aid of counsel, (b) that he pleads guilty to the\noffense as charged, (c) that he elects and requests that the charge be\ndisposed of and the fine or penalty fixed by the court, (d) of any\nexplanation that he desires to make concerning the offense charged, and\n(e) that he makes all statements under penalty of perjury. Thereupon\nthe magistrate may proceed as though the defendant had been convicted\nupon a plea of guilty in open court, provided however, that any\nimposition of fine or penalty hereunder shall be deemed tentative until\nsuch fine or penalty shall have been paid and discharged in full. If\nupon receipt of the aforesaid statement the magistrate shall deny the\nsame, he shall thereupon notify the defendant of this fact, and that he\nis required to appear before the said magistrate at a stated time and\nplace to answer the charge which shall thereafter be disposed of\npursuant to the applicable provisions of law.\n