2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 200 - Indictment and Related Instruments › 200.63 - Indictment; Special Information for Aggravated Family Offense.

§ 200.63 Indictment; special information for aggravated family offense.
1.  Whenever  a  person  is  charged  with the commission or attempted
commission of an aggravated family offense as defined in section  240.75
of the penal law, an indictment or information for such offense shall be
accompanied  by  a  special  information, filed by the district attorney
with the court, alleging that the defendant was previously convicted  of
a  specified  offense as defined in subdivision two of section 240.75 of
the penal law, that at the time of the previous  offense  the  defendant
and  the  person  against whom the offense was committed were members of
the same family or household as defined in subdivision  one  of  section
530.11  of  this  chapter,  and that such previous conviction took place
within the time period specified in subdivision one of section 240.75 of
the penal law. Except as provided herein, the people may  not  refer  to
such special information during trial nor adduce any evidence concerning
the allegations therein.
2.  Prior  to the commencement of the trial, the court, in the absence
of the jury, must arraign the defendant upon such information and advise
him or her that he or she may admit each such allegation, deny any  such
allegation or remain mute with respect to any such allegation. Depending
upon   the   defendant's  response,  the  trial  of  the  indictment  or
information must then proceed as follows:
(a)(i) If the previous conviction is for an aggravated family  offense
as  defined in section 240.75 of the penal law, and the defendant admits
the previous conviction or that it took place  within  the  time  period
specified  in  subdivision  one of section 240.75 of the penal law, such
admitted allegation or allegations shall be deemed established  for  the
purposes  of  the  present prosecution, including sentencing pursuant to
section 70.00 of the penal law. The court must submit the  case  to  the
jury  as if such admitted allegation or allegations were not elements of
the offense.
(ii) If the defendant denies the previous conviction or  remains  mute
with  respect  to  it,  the people may prove, beyond a reasonable doubt,
that element of the offense before the jury as a part of their case.
(iii) If the defendant denies that the previous conviction took  place
within the time period specified in subdivision one of section 240.75 of
the  penal  law, or remains mute with respect to that matter, the people
may prove, beyond a reasonable doubt, before the jury as part  of  their
case,  that  the  previous  conviction took place within the time period
specified.
(b)(i) If the previous  conviction  is  for  a  specified  offense  as
defined  in  subdivision  two  of section 240.75 of the penal law, other
than an  aggravated  family  offense,  and  the  defendant  admits  such
previous conviction, that it took place within the time period specified
in  subdivision  one  of  section  240.75  of the penal law, or that the
defendant and the person against whom the  offense  was  committed  were
members of the same family or household as defined in subdivision one of
section  530.11 of this chapter, such admitted allegation or allegations
shall be deemed established for the purposes of the present prosecution,
including sentencing pursuant to section 70.00 of  the  penal  law.  The
court  must submit the case to the jury as if the admitted allegation or
allegations were not elements of the offense.
(ii) If the defendant denies the previous conviction or  remains  mute
with  respect  to  it,  the people may prove, beyond a reasonable doubt,
that element of the offense before the jury as a part of their case.
(iii) If the defendant denies that the previous conviction took  place
within the time period specified in subdivision one of section 240.75 of
the  penal  law, or remains mute with respect to that matter, the people
may prove, beyond a reasonable doubt, before the jury as part  of  their

case,  that  the  previous  conviction took place within the time period
specified.
(iv) If the defendant denies that the defendant and the person against
whom  the previous offense was committed were members of the same family
or household as defined in subdivision one of  section  530.11  of  this
chapter,  or  remains  mute  with respect to that matter, the people may
prove, beyond a reasonable doubt, that element of the offense before the
jury as a part of their case.