Section 220.35. Hearing on predicate felony conviction  


Latest version.
  • 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.