N.Y. Criminal Procedure Law § 200.61: Indictment; special information for operators of for-hire vehicles

§ 200.61 Indictment; special information for operators of for-hire

vehicles.

1. The provisions of this section shall govern the procedures for

determining whether a defendant is eligible to receive the sentence set

forth in subdivision one of section 60.07 of the penal law upon

conviction of a specified offense as defined in subdivision two of such

section 60.07.

2. To receive the sentence set forth in subdivision one of section

60.07 of the penal law, an indictment for such specified offense must be

accompanied by a special information, filed by the district attorney

with the court, alleging that the victim of such offense was operating a

for-hire vehicle in the course of providing for-hire vehicle services at

the time of the commission of such offense.

3. Prior to the commencement of the trial, the court, in the absence

of the jury, must arraign the defendant upon such special information,

and must advise him that he may admit that the alleged victim of such

offense was operating a for-hire vehicle in the course of providing

for-hire vehicle services at the time of the alleged commission of such

offense, deny such allegation or remain mute. Depending upon the

defendant's response, the trial of the indictment must proceed as

follows:

(a) If the defendant admits that the alleged victim of such specified

offense charged was operating a for-hire vehicle in the course of

providing for-hire vehicle services at the time of the commission of

such alleged offense, such allegation, and only such allegation, shall

be deemed established for purposes of eligibility, if the defendant is

convicted of the underlying specified offense, for a sentence pursuant

to subdivision one of section 60.07 of the penal law.

(b) If the defendant denies such allegation or remains mute, the

people may, by proof beyond a reasonable doubt, prove as part of their

case before the jury or, where the defendant has waived a jury trial,

the court, that the alleged victim of such offense was operating a

for-hire vehicle in the course of providing for-hire vehicle services at

the time of the commission of the offense.

4. Where a jury, pursuant to paragraph (b) of subdivision three of

this section, is charged with determining whether the alleged victim of

such specified offense was operating a for-hire vehicle in the course of

providing for-hire vehicle services, such jury shall consider and render

its verdict on such matter only if it convicts the defendant of such

specified offense or specified offenses charged.

5. For purposes of this section, the terms "for-hire vehicle",

"for-hire vehicle services" and "specified offense" shall have the

meanings set forth in section 60.07 of the penal law.