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This entry was published on 2014-09-22
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SECTION 220.35
Hearing on predicate felony conviction
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 220
§ 220.35 Hearing on predicate felony conviction.

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.