NYS CPL Law

Article 370 - NY Criminal Procedure Law

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• Article 370

 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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