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Article 370 - NY Criminal Procedure Law
PROCEEDINGS FROM VERDICT TO SENTENCE
S 370.10 Proceedings from verdict to sentence.
The provisions of article three hundred thirty, governing the
proceedings from verdict to sentence in an action prosecuted by
indictment in a superior court, are applicable to a prosecution by
information in a local criminal court; provided, however, where a
judicial hearing officer has conducted the trial pursuant to section
350.20 of this chapter, all references to a court therein shall be
deemed references to such judicial hearing officer.
S 370.15 Procedure for determining whether certain misdemeanor crimes
are crimes of domestic violence for purposes of federal law.
1. When a defendant has been charged with assault or attempted assault
in the third degree as defined in sections 120.00 and 110.00 of the
penal law, menacing or attempted menacing in the second degree as
defined in sections 120.14 and 110.00 of the penal law, criminal
obstruction of breathing or blood circulation or attempted criminal
obstruction of breathing or blood circulation as defined in sections
121.11 and 110.00 of the penal law, or forcible touching or attempted
forcible touching as defined in sections 130.52 and 110.00 of the penal
law, the people may, at arraignment or no later than forty-five days
after arraignment, for the purpose of notification to the division of
criminal justice services pursuant to section 380.97 of this part, serve
on the defendant and file with the court a notice alleging that the
defendant is related or situated to the victim of the crime in the
manner specified in 18 U.S.C. 921(a)(33)(A)(ii).
2. Such notice shall include the name of the person alleged to be the
victim of such crime and shall specify the nature of the alleged
relationship as set forth in 18 U.S.C. 921(a)(33)(A)(ii). Upon
conviction of such offense, the court shall advise the defendant that he
or she is entitled to a hearing on the allegation contained in the
notice and, if necessary, an adjournment of the sentencing proceeding in
order to prepare for such hearing, and that if such allegation is
sustained, that determination and conviction will be reported to the
division of criminal justice services.
3. After having been advised by the court as provided in subdivision
two of this section, the defendant may stipulate or admit, orally on the
record or in writing, that he or she is related or situated to the
victim of such crime in the manner described in subdivision one of this
section. In such case, such relationship shall be deemed established for
purposes of section 380.97 of this part. If the defendant denies that he
or she is related or situated to the victim of the crime as alleged in
the notice served by the people, or stands mute with respect to such
allegation, then the people shall bear the burden to prove beyond a
reasonable doubt that the defendant is related or situated to the victim
in the manner alleged in the notice. The court may consider reliable
hearsay evidence submitted by either party provided that it is relevant
to the determination of the allegation. Facts previously proven at trial
or elicited at the time of entry of a plea of guilty shall be deemed
established beyond a reasonable doubt and shall not be relitigated. At
the conclusion of the hearing, or upon such a stipulation or admission,
as applicable, the court shall make a specific written determination
with respect to such allegation.
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