New York Laws
Article 200 - Indictment and Related Instruments
200.60 - Indictment; Allegations of Previous Convictions Prohibited.

(a) If the defendant admits the previous conviction, that element of
the offense charged in the indictment is deemed established, no evidence
in support thereof may be adduced by the people, and the court must
submit the case to the jury without reference thereto and as if the fact
of such previous conviction were not an element of the offense. The
court may not submit to the jury any lesser included offense which is
distinguished from the offense charged solely by the fact that a
previous conviction is not an element thereof.
(b) If the defendant denies the previous conviction or remains mute,
the people may prove that element of the offense charged before the jury
as a part of their case. In any prosecution under subparagraph (ix) of
paragraph (a) of subdivision one of section 125.27 of the penal law, if
the defendant denies the previous murder conviction or remains mute, the
people may prove that element of the offense only after the jury has
first found the defendant guilty of intentionally causing the death of a
person as charged in the indictment, in which case the court shall then
permit the people and the defendant to offer evidence and argument
consistent with the relevant provisions of section 260.30 of this
chapter with respect to the previous murder conviction.
4. Nothing contained in this section precludes the people from proving
a prior conviction before a grand jury or relieves them from the
obligation or necessity of so doing in order to submit a legally
sufficient case.