2022 New York Laws
CPL - Criminal Procedure
Part 2 - The Principal Proceedings
Title I - Preliminary Proceedings in Superior Court
Article 200 - Indictment and Related Instruments
200.62 - Indictment; Special Information for Child Sexual Assault Offender.

§ 200.62 Indictment;   special  information  for  child  sexual  assault
           offender.
  1. Whenever a person is  charged  with  the  commission  or  attempted
commission  of  an  offense defined in article one hundred thirty of the
penal law which constitutes a felony and it appears that the  victim  of
such  offense  was  less  than fifteen years old, an indictment for such
offense may be accompanied  by  a  special  information,  filed  by  the
district attorney with the court, alleging that the victim was less than
fifteen  years  old  at  the  time  of  the  commission  of the offense;
provided, however, that such an information need not be filed  when  the
age of the victim is an element of the offense.
  2.  Prior  to trial, or after the commencement of the trial but before
the close of the people's case, the court, in the absence of  the  jury,
must  arraign  the defendant upon such information and advise him or her
that he or she may admit  such  allegation,  deny  it  or  remain  mute.
Depending  upon  the  defendant's  response, the trial of the indictment
must proceed as follows:
  (a) If the defendant admits that the  alleged  victim  was  less  than
fifteen  years old at the time of the commission or attempted commission
of the offense, that allegation shall  be  deemed  established  for  all
subsequent  purposes,  including sentencing pursuant to section 70.07 of
the penal law.
  (b) If the defendant denies  such  allegation  or  remains  mute,  the
people  may,  by  proof beyond a reasonable doubt, prove before the jury
or, where the defendant has waived a jury trial,  the  court,  that  the
alleged  victim  was  less  than  fifteen  years  old at the time of the
commission or attempted commission of the offense.
  (c) Nothing in this subdivision shall prevent the people, in  a  trial
before  the  court  or  a jury, from making reference to and introducing
evidence of the victim's age.
  3. Where a jury, pursuant to paragraph (b) of subdivision two of  this
section,  makes  the  determination of whether the alleged victim of the
offense was less than fifteen years old, such jury  shall  consider  and
render  its  verdict on such issue only after rendering its verdict with
regard to the offense.
  4. A determination pursuant to this section that the victim  was  less
than  fifteen  years  old  at  the time of the commission of the offense
shall be binding in any future proceeding in which the issue  may  arise
unless   the  underlying  conviction  or  determination  is  vacated  or
reversed.