Indictment; special information for operators of for-hire vehicles

§ 200.61 Indictment; special information for operators of for-hire

vehicles.

1. The provisions of this section shall govern the procedures for
determining whether a defendant is eligible to receive the sentence set
forth in subdivision one of section 60.07 of the penal law upon
conviction of a specified offense as defined in subdivision two of such
section 60.07.

2. To receive the sentence set forth in subdivision one of section
60.07 of the penal law, an indictment for such specified offense must be
accompanied by a special information, filed by the district attorney
with the court, alleging that the victim of such offense was operating a
for-hire vehicle in the course of providing for-hire vehicle services at
the time of the commission of such offense.

3. Prior to the commencement of the trial, the court, in the absence
of the jury, must arraign the defendant upon such special information,
and must advise him that he may admit that the alleged victim of such
offense was operating a for-hire vehicle in the course of providing
for-hire vehicle services at the time of the alleged commission of such
offense, deny such allegation or remain mute. Depending upon the
defendant's response, the trial of the indictment must proceed as
follows:

(a) If the defendant admits that the alleged victim of such specified
offense charged was operating a for-hire vehicle in the course of
providing for-hire vehicle services at the time of the commission of
such alleged offense, such allegation, and only such allegation, shall
be deemed established for purposes of eligibility, if the defendant is
convicted of the underlying specified offense, for a sentence pursuant
to subdivision one of section 60.07 of the penal law.

(b) If the defendant denies such allegation or remains mute, the
people may, by proof beyond a reasonable doubt, prove as part of their
case before the jury or, where the defendant has waived a jury trial,
the court, that the alleged victim of such offense was operating a
for-hire vehicle in the course of providing for-hire vehicle services at
the time of the commission of the offense.

4. Where a jury, pursuant to paragraph (b) of subdivision three of
this section, is charged with determining whether the alleged victim of
such specified offense was operating a for-hire vehicle in the course of
providing for-hire vehicle services, such jury shall consider and render
its verdict on such matter only if it convicts the defendant of such
specified offense or specified offenses charged.

5. For purposes of this section, the terms "for-hire vehicle",
"for-hire vehicle services" and "specified offense" shall have the
meanings set forth in section 60.07 of the penal law.