N.Y. CPL Law § 200.63 — New York Code / Act CPL / Part 2 / Title I / Article 200 / Section 200.63
Indictment; special information for aggravated family offense
Status: in_force

§ 200.63 Indictment; special information for aggravated family offense.\n  1. Whenever a person is charged with the commission or attempted\ncommission of an aggravated family offense as defined in section 240.75\nof the penal law, an indictment or information for such offense shall be\naccompanied by a special information, filed by the district attorney\nwith the court, alleging that the defendant was previously convicted of\na specified offense as defined in subdivision two of section 240.75 of\nthe penal law, that at the time of the previous offense the defendant\nand the person against whom the offense was committed were members of\nthe same family or household as defined in subdivision one of section\n530.11 of this chapter, and that such previous conviction took place\nwithin the time period specified in subdivision one of section 240.75 of\nthe penal law. Except as provided herein, the people may not refer to\nsuch special information during trial nor adduce any evidence concerning\nthe allegations therein.\n  2. Prior to the commencement of the trial, the court, in the absence\nof the jury, must arraign the defendant upon such information and advise\nhim or her that he or she may admit each such allegation, deny any such\nallegation or remain mute with respect to any such allegation. Depending\nupon the defendant's response, the trial of the indictment or\ninformation must then proceed as follows:\n  (a)(i) If the previous conviction is for an aggravated family offense\nas defined in section 240.75 of the penal law, and the defendant admits\nthe previous conviction or that it took place within the time period\nspecified in subdivision one of section 240.75 of the penal law, such\nadmitted allegation or allegations shall be deemed established for the\npurposes of the present prosecution, including sentencing pursuant to\nsection 70.00 of the penal law. The court must submit the case to the\njury as if such admitted allegation or allegations were not elements of\nthe offense.\n  (ii) If the defendant denies the previous conviction or remains mute\nwith respect to it, the people may prove, beyond a reasonable doubt,\nthat element of the offense before the jury as a part of their case.\n  (iii) If the defendant denies that the previous conviction took place\nwithin the time period specified in subdivision one of section 240.75 of\nthe penal law, or remains mute with respect to that matter, the people\nmay prove, beyond a reasonable doubt, before the jury as part of their\ncase, that the previous conviction took place within the time period\nspecified.\n  (b)(i) If the previous conviction is for a specified offense as\ndefined in subdivision two of section 240.75 of the penal law, other\nthan an aggravated family offense, and the defendant admits such\nprevious conviction, that it took place within the time period specified\nin subdivision one of section 240.75 of the penal law, or that the\ndefendant and the person against whom the offense was committed were\nmembers of the same family or household as defined in subdivision one of\nsection 530.11 of this chapter, such admitted allegation or allegations\nshall be deemed established for the purposes of the present prosecution,\nincluding sentencing pursuant to section 70.00 of the penal law. The\ncourt must submit the case to the jury as if the admitted allegation or\nallegations were not elements of the offense.\n  (ii) If the defendant denies the previous conviction or remains mute\nwith respect to it, the people may prove, beyond a reasonable doubt,\nthat element of the offense before the jury as a part of their case.\n  (iii) If the defendant denies that the previous conviction took place\nwithin the time period specified in subdivision one of section 240.75 of\nthe penal law, or remains mute with respect to that matter, the people\nmay prove, beyond a reasonable doubt, before the jury as part of their\ncase, that the previous conviction took place within the time period\nspecified.\n  (iv) If the defendant denies that the defendant and the person against\nwhom the previous offense was committed were members of the same family\nor household as defined in subdivision one of section 530.11 of this\nchapter, or remains mute with respect to that matter, the people may\nprove, beyond a reasonable doubt, that element of the offense before the\njury as a part of their case.\n