Laws of New York (Last Updated: November 21, 2014) |
CPL Criminal Procedure |
Part TWO. THE PRINCIPAL PROCEEDINGS |
Title J. PROSECUTION OF INDICTMENTS IN SUPERIOR COURTS--PLEA TO SENTENCE |
Article 220. THE PLEA |
Section 220.35. Hearing on predicate felony conviction
Latest version.
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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.