New York § 220.35 Hearing on predicate felony conviction

New York Statutes

§ 220.35 — Hearing on predicate felony conviction

New York § 220.35

JurisdictionNew York

Law CPLCriminal Procedure

Title JProsecution of Indictments In Superior Courts--plea to Sentence

Part 2The Principal Proceedings

Art. 220The Plea

This text of New York § 220.35 (Hearing on predicate felony conviction) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Criminal Procedure § 220.35 (2026).

Text

§ 220.35  Hearing on predicate felony conviction.\n  In any case where the defendant offers to enter a plea of guilty of a\nmisdemeanor to constitute a disposition of the entire indictment or to\nconstitute a complete disposition of one or more other indictments, or\nboth, and the permission of the court and the consent of the people must\nbe withheld solely upon the ground that it appears the defendant has\npreviously been subjected to a predicate felony conviction as defined in\nparagraph (b) of subdivision one of section 70.06 of the penal law the\ncourt, if the defendant does not admit such predicate felony conviction,\nmay conduct the hearing required by section 400.21 for the purpose of\ndetermining whether the plea may be entered or must be rejected.  The\nfinding upon any such hear

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§ 220.35 Hearing on predicate felony conviction.\n In any case where the defendant offers to enter a plea of guilty of a\nmisdemeanor to constitute a disposition of the entire indictment or to\nconstitute a complete disposition of one or more other indictments, or\nboth, and the permission of the court and the consent of the people must\nbe withheld solely upon the ground that it appears the defendant has\npreviously been subjected to a predicate felony conviction as defined in\nparagraph (b) of subdivision one of section 70.06 of the penal law the\ncourt, if the defendant does not admit such predicate felony conviction,\nmay conduct the hearing required by section 400.21 for the purpose of\ndetermining whether the plea may be entered or must be rejected. The\nfinding upon any such hearing shall also be binding upon the defendant\nfor the purpose of sentence.\n