370.15 – Procedure for Determining Whether Certain Misdemeanor Crimes Are Serious Offenses Under the Penal Law.

§ 370.15 Procedure  for  determining  whether certain misdemeanor crimes
         are serious offenses under the penal law.
1. When a defendant has been charged with assault in the third degree,
  menacing in the third degree, menacing in the  second  degree,  criminal
  obstruction  of breathing or blood circulation, unlawful imprisonment in
  the second degree, coercion in the third degree, criminal  tampering  in
  the  third degree, criminal contempt in the second degree, harassment in
  the first degree, aggravated harassment in the second  degree,  criminal
  trespass  in  the  third degree, criminal trespass in the second degree,
  arson in the fifth degree, or attempt to commit any of the  above-listed
  offenses,  the  people shall, at arraignment or no later than forty-five
  days after arraignment, serve on the defendant and file with the court a
  notice alleging that the defendant and the  person  alleged  to  be  the
  victim  of  such  crime  were members of the same family or household as
  defined in subdivision one of section 530.11 of this chapter.
2. Such notice shall include the name of the person alleged to be  the
  victim  of  such  crime  and  shall  specify  the  nature of the alleged
  relationship as set forth in subdivision one of section 530.11  of  this
  chapter.  Upon  conviction  of  such offense, the court shall advise the
  defendant that he or  she  is  entitled  to  a  hearing  solely  on  the
  allegation  contained in the notice and, if necessary, an adjournment of
  the sentencing proceeding in order to prepare for such hearing, and that
  if such allegation is sustained, that determination and conviction  will
  be  reported  to  the  division  of  criminal  justice services. If such
  allegation is sustained, the court shall report  the  determination  and
  conviction  to  the  division  of criminal justice services within three
  business days.
3. After having been advised by the court as provided  in  subdivision
  two of this section, the defendant may stipulate or admit, orally on the
  record  or  in  writing,  that  he  or she is related or situated to the
  victim of such crime in the manner described in subdivision one of  this
  section. In such case, such relationship shall be deemed established. If
  the defendant denies that he or she is related or situated to the victim
  of  the  crime  as alleged in the notice served by the people, or stands
  mute with respect to such allegation, then the  people  shall  bear  the
  burden  to prove beyond a reasonable doubt that the defendant is related
  or situated to the victim in the manner alleged in the notice. The court
  may  consider  reliable  hearsay  evidence  submitted  by  either  party
  provided  that  it  is  relevant to the determination of the allegation.
  Facts previously proven at trial or elicited at the time of entry  of  a
  plea of guilty shall be deemed established beyond a reasonable doubt and
  shall not be relitigated. At the conclusion of the hearing, or upon such
  a  stipulation  or  admission,  as  applicable,  the  court shall make a
  specific written determination with respect to such allegation.