2006 New York Code - Plea Of Guilty, How Put In.



 
    § 1805. Plea  of  guilty, how put in. The provisions of section 170.10
  of the criminal procedure law and the  provisions  of  section  eighteen
  hundred  seven  of this article may be waived, to the extent hereinafter
  indicated, by a defendant charged with a violation of any  provision  of
  the  tax  law or the transportation law regulating traffic, or a traffic
  infraction, as defined in this chapter, other than a third or subsequent
  speeding  violation  committed  within  a  period  of  eighteen  months,
  provided  that  he  shall  submit  to  the  local  criminal court having
  jurisdiction, in person, by duly authorized agent, by first  class  mail
  or  by  registered  or  certified  mail,  return  receipt  requested, an
  application setting  forth  (a)  the  nature  of  the  charge,  (b)  the
  information  or  instructions required by section eighteen hundred seven
  of this article  to  be  given  defendant  upon  arraignment,  (c)  that
  defendant  waives  arraignment in open court and the aid of counsel, (d)
  that he pleads guilty to the offense  as  charged,  (e)  that  defendant
  elects  and  requests  that  the  charge  be disposed of and the fine or
  penalty fixed by the court, pursuant to this section, (f) any  statement
  or  explanation  that  the  defendant  may desire to make concerning the
  offense charged and (g) that defendant makes all statements with respect
  to such application under penalty of perjury. This application shall  be
  in  such  form  as  the  commissioner shall prescribe and a copy thereof
  shall be handed to the defendant by the officer charging him  with  such
  offense.  Thereupon  the  local criminal court may proceed as though the
  defendant had been convicted upon  a  plea  of  guilty  in  open  court,
  provided,  however,  that  any  imposition  of fine or penalty hereunder
  shall be deemed tentative until such fine or  penalty  shall  have  been
  paid  and  discharged  in  full,  prior to which time such court, in its
  discretion,  may  annul  any  proceedings  hereunder,   including   such
  tentative  imposition  of  fine or penalty, and deny the application, in
  which event the charge shall be disposed of pursuant to  the  applicable
  provisions  of  law,  as  though  no proceedings had been had under this
  section. If upon receipt of the aforesaid application such  court  shall
  deny the same, it shall thereupon inform the defendant of this fact, and
  that he is required to appear before the said court at a stated time and
  place  to  answer  the  charge  which  shall  thereafter  be disposed of
  pursuant to the applicable provisions of law.

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