New York Laws
Article 200 - Indictment and Related Instruments
200.63 - Indictment; Special Information for Aggravated Family Offense.

(a)(i) If the previous conviction is for an aggravated family offense
as defined in section 240.75 of the penal law, and the defendant admits
the previous conviction or that it took place within the time period
specified in subdivision one of section 240.75 of the penal law, such
admitted allegation or allegations shall be deemed established for the
purposes of the present prosecution, including sentencing pursuant to
section 70.00 of the penal law. The court must submit the case to the
jury as if such admitted allegation or allegations were not elements of
the offense.
(ii) If the defendant denies the previous conviction or remains mute
with respect to it, the people may prove, beyond a reasonable doubt,
that element of the offense before the jury as a part of their case.
(iii) If the defendant denies that the previous conviction took place
within the time period specified in subdivision one of section 240.75 of
the penal law, or remains mute with respect to that matter, the people
may prove, beyond a reasonable doubt, before the jury as part of their
case, that the previous conviction took place within the time period
specified.
(b)(i) If the previous conviction is for a specified offense as
defined in subdivision two of section 240.75 of the penal law, other
than an aggravated family offense, and the defendant admits such
previous conviction, that it took place within the time period specified
in subdivision one of section 240.75 of the penal law, or that the
defendant and the person against whom the offense was committed were
members of the same family or household as defined in subdivision one of
section 530.11 of this chapter, such admitted allegation or allegations
shall be deemed established for the purposes of the present prosecution,
including sentencing pursuant to section 70.00 of the penal law. The
court must submit the case to the jury as if the admitted allegation or
allegations were not elements of the offense.
(ii) If the defendant denies the previous conviction or remains mute
with respect to it, the people may prove, beyond a reasonable doubt,
that element of the offense before the jury as a part of their case.
(iii) If the defendant denies that the previous conviction took place
within the time period specified in subdivision one of section 240.75 of
the penal law, or remains mute with respect to that matter, the people
may prove, beyond a reasonable doubt, before the jury as part of their

case, that the previous conviction took place within the time period
specified.
(iv) If the defendant denies that the defendant and the person against
whom the previous offense was committed were members of the same family
or household as defined in subdivision one of section 530.11 of this
chapter, or remains mute with respect to that matter, the people may
prove, beyond a reasonable doubt, that element of the offense before the
jury as a part of their case.