§ 200.61 Indictment; special information for operators of for-hire\n vehicles.\n 1. The provisions of this section shall govern the procedures for\ndetermining whether a defendant is eligible to receive the sentence set\nforth in subdivision one of section 60.07 of the penal law upon\nconviction of a specified offense as defined in subdivision two of such\nsection 60.07.\n 2. To receive the sentence set forth in subdivision one of section\n60.07 of the penal law, an indictment for such specified offense must be\naccompanied by a special information, filed by the district attorney\nwith the court, alleging that the victim of such offense was operating a\nfor-hire vehicle in the course of providing for-hire vehicle services at\nthe time of the commission of such offense.\n 3. Prior to the commencement of the trial, the court, in the absence\nof the jury, must arraign the defendant upon such special information,\nand must advise him that he may admit that the alleged victim of such\noffense was operating a for-hire vehicle in the course of providing\nfor-hire vehicle services at the time of the alleged commission of such\noffense, deny such allegation or remain mute. Depending upon the\ndefendant's response, the trial of the indictment must proceed as\nfollows:\n (a) If the defendant admits that the alleged victim of such specified\noffense charged was operating a for-hire vehicle in the course of\nproviding for-hire vehicle services at the time of the commission of\nsuch alleged offense, such allegation, and only such allegation, shall\nbe deemed established for purposes of eligibility, if the defendant is\nconvicted of the underlying specified offense, for a sentence pursuant\nto subdivision one of section 60.07 of the penal law.\n (b) If the defendant denies such allegation or remains mute, the\npeople may, by proof beyond a reasonable doubt, prove as part of their\ncase before the jury or, where the defendant has waived a jury trial,\nthe court, that the alleged victim of such offense was operating a\nfor-hire vehicle in the course of providing for-hire vehicle services at\nthe time of the commission of the offense.\n 4. Where a jury, pursuant to paragraph (b) of subdivision three of\nthis section, is charged with determining whether the alleged victim of\nsuch specified offense was operating a for-hire vehicle in the course of\nproviding for-hire vehicle services, such jury shall consider and render\nits verdict on such matter only if it convicts the defendant of such\nspecified offense or specified offenses charged.\n 5. For purposes of this section, the terms "for-hire vehicle",\n"for-hire vehicle services" and "specified offense" shall have the\nmeanings set forth in section 60.07 of the penal law.\n
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