N.Y. Criminal Procedure Law § 220.35: Hearing on predicate felony conviction

§ 220.35 Hearing on predicate felony conviction.

In any case where the defendant offers to enter a plea of guilty of a

misdemeanor to constitute a disposition of the entire indictment or to

constitute a complete disposition of one or more other indictments, or

both, and the permission of the court and the consent of the people must

be withheld solely upon the ground that it appears the defendant has

previously been subjected to a predicate felony conviction as defined in

paragraph (b) of subdivision one of section 70.06 of the penal law the

court, if the defendant does not admit such predicate felony conviction,

may conduct the hearing required by section 400.21 for the purpose of

determining whether the plea may be entered or must be rejected. The

finding upon any such hearing shall also be binding upon the defendant

for the purpose of sentence.