Section 1805. Plea of guilty, how put in  


Latest version.
  • The provisions of section 170.10
      of the criminal procedure law and the  provisions  of  section  eighteen
      hundred  seven  of this article may be waived, to the extent hereinafter
      indicated, by a defendant charged with a violation of any  provision  of
      the  tax  law or the transportation law regulating traffic, or a traffic
      infraction, as defined in this chapter, other than a third or subsequent
      speeding  violation  committed  within  a  period  of  eighteen  months,
      provided  that  he  shall  submit  to  the  local  criminal court having
      jurisdiction, in person, by duly authorized agent, by first  class  mail
      or  by  registered  or  certified  mail,  return  receipt  requested, an
      application setting  forth  (a)  the  nature  of  the  charge,  (b)  the
      information  or  instructions required by section eighteen hundred seven
      of this article  to  be  given  defendant  upon  arraignment,  (c)  that
      defendant  waives  arraignment in open court and the aid of counsel, (d)
      that he pleads guilty to the offense  as  charged,  (e)  that  defendant
      elects  and  requests  that  the  charge  be disposed of and the fine or
      penalty fixed by the court, pursuant to this section, (f) any  statement
      or  explanation  that  the  defendant  may desire to make concerning the
      offense charged and (g) that defendant makes all statements with respect
      to such application under penalty of perjury. This application shall  be
      in  such  form  as  the  commissioner shall prescribe and a copy thereof
      shall be handed to the defendant by the officer charging him  with  such
      offense.  Thereupon  the  local criminal court may proceed as though the
      defendant had been convicted upon  a  plea  of  guilty  in  open  court,
      provided,  however,  that  any  imposition  of fine or penalty hereunder
      shall be deemed tentative until such fine or  penalty  shall  have  been
      paid  and  discharged  in  full,  prior to which time such court, in its
      discretion,  may  annul  any  proceedings  hereunder,   including   such
      tentative  imposition  of  fine or penalty, and deny the application, in
      which event the charge shall be disposed of pursuant to  the  applicable
      provisions  of  law,  as  though  no proceedings had been had under this
      section. If upon receipt of the aforesaid application such  court  shall
      deny the same, it shall thereupon inform the defendant of this fact, and
      that he is required to appear before the said court at a stated time and
      place  to  answer  the  charge  which  shall  thereafter  be disposed of
      pursuant to the applicable provisions of law.