(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.
Structure New York Laws
Part 2 - The Principal Proceedings
Title I - Preliminary Proceedings in Superior Court
Article 200 - Indictment and Related Instruments
200.10 - Indictment; Definition.
200.15 - Superior Court Information; Definition.
200.30 - Indictment; Duplicitous Counts Prohibited.
200.50 - Indictment; Form and Content.
200.60 - Indictment; Allegations of Previous Convictions Prohibited.
200.61 - Indictment; Special Information for Operators of For-Hire Vehicles.
200.62 - Indictment; Special Information for Child Sexual Assault Offender.
200.63 - Indictment; Special Information for Aggravated Family Offense.
200.70 - Indictment; Amendment Of.