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 › 200.60 - Indictment; Allegations of Previous Convictions Prohibited.

§ 200.60 Indictment; allegations of previous convictions prohibited.
1.  When  the fact that the defendant has been previously convicted of
an offense raises an offense of lower grade to one of higher  grade  and
thereby  becomes an element of the latter, an indictment for such higher
offense may not allege such previous conviction.    If  a  reference  to
previous  conviction is contained in the statutory name or title of such
an offense, such name or title may not be used in the indictment, but an
improvised name or title must be used which, by means of the phrase  "as
a  felony" or in some other manner, labels and distinguishes the offense
without reference to a previous conviction.  This subdivision  does  not
apply  to  an  indictment  or a count thereof that charges escape in the
second degree pursuant to subdivision two of section 205.10 of the penal
law, or escape in the first degree pursuant to section 205.15 thereof.
2.  An indictment for such an offense must be accompanied by a special
information, filed by the district attorney  with  the  court,  charging
that  the  defendant  was  previously  convicted of a specified offense.
Except as provided in subdivision three, the people  may  not  refer  to
such  special  information  during  the  trial  nor  adduce any evidence
concerning the previous conviction alleged therein.
3.   After commencement of the trial  and  before  the  close  of  the
people's  case,  the court, in the absence of the jury, must arraign the
defendant upon such special information, and must advise him that he may
admit  the  previous  conviction  alleged,  deny  it  or  remain   mute.
Depending  upon  the  defendant's  response, the trial of the indictment
must then proceed as follows:
(a)  If the defendant admits the previous conviction, that element  of
the offense charged in the indictment is deemed established, no evidence
in  support  thereof  may  be  adduced by the people, and the court must
submit the case to the jury without reference thereto and as if the fact
of such previous conviction were not an element of  the  offense.    The
court  may  not  submit to the jury any lesser included offense which is
distinguished from the  offense  charged  solely  by  the  fact  that  a
previous conviction is not an element thereof.
(b)  If  the defendant denies the previous conviction or remains mute,
the people may prove that element of the offense charged before the jury
as a part of their case. In any prosecution under subparagraph  (ix)  of
paragraph  (a) of subdivision one of section 125.27 of the penal law, if
the defendant denies the previous murder conviction or remains mute, the
people may prove that element of the offense only  after  the  jury  has
first found the defendant guilty of intentionally causing the death of a
person  as charged in the indictment, in which case the court shall then
permit the people and the  defendant  to  offer  evidence  and  argument
consistent  with  the  relevant  provisions  of  section  260.30 of this
chapter with respect to the previous murder conviction.
4. Nothing contained in this section precludes the people from proving
a prior conviction before  a  grand  jury  or  relieves  them  from  the
obligation  or  necessity  of  so  doing  in  order  to submit a legally
sufficient case.