{"jurisdiction": "us-ny", "code": "cpl", "section": "370.15", "citation": "CPL § 370.15", "heading": "Procedure for determining whether certain misdemeanor crimes are serious offenses under the penal law", "text": ["§ 370.15 Procedure for determining whether certain misdemeanor crimes", "are serious offenses under the penal law.", "1. When a defendant has been charged with assault in the third degree, menacing in the third degree, menacing in the second degree, criminal obstruction of breathing or blood circulation, unlawful imprisonment in the second degree, coercion in the third degree, criminal tampering in the third degree, criminal contempt in the second degree, harassment in the first degree, aggravated harassment in the second degree, criminal trespass in the third degree, criminal trespass in the second degree, arson in the fifth degree, or attempt to commit any of the above-listed offenses, the people shall, at arraignment or no later than forty-five days after arraignment, serve on the defendant and file with the court a notice alleging that the defendant and the person alleged to be the victim of such crime were members of the same family or household as defined in subdivision one of section 530.11 of this chapter.", "2. Such notice shall include the name of the person alleged to be the victim of such crime and shall specify the nature of the alleged relationship as set forth in subdivision one of section 530.11 of this chapter. Upon conviction of such offense, the court shall advise the defendant that he or she is entitled to a hearing solely on the allegation contained in the notice and, if necessary, an adjournment of the sentencing proceeding in order to prepare for such hearing, and that if such allegation is sustained, that determination and conviction will be reported to the division of criminal justice services. If such allegation is sustained, the court shall report the determination and conviction to the division of criminal justice services within three business days.", "3. After having been advised by the court as provided in subdivision two of this section, the defendant may stipulate or admit, orally on the record or in writing, that he or she is related or situated to the victim of such crime in the manner described in subdivision one of this section. In such case, such relationship shall be deemed established. If the defendant denies that he or she is related or situated to the victim of the crime as alleged in the notice served by the people, or stands mute with respect to such allegation, then the people shall bear the burden to prove beyond a reasonable doubt that the defendant is related or situated to the victim in the manner alleged in the notice. The court may consider reliable hearsay evidence submitted by either party provided that it is relevant to the determination of the allegation. Facts previously proven at trial or elicited at the time of entry of a plea of guilty shall be deemed established beyond a reasonable doubt and shall not be relitigated. At the conclusion of the hearing, or upon such a stipulation or admission, as applicable, the court shall make a specific written determination with respect to such allegation."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/370.15", "from_official_api": true, "plain_english": "For certain misdemeanors, the court decides whether the **defendant and alleged victim were members of the same family or household**.\n\n- **(1)** When the defendant is charged with **assault 3rd, menacing 3rd or 2nd, criminal obstruction of breathing or blood circulation, unlawful imprisonment 2nd, coercion 3rd, criminal tampering 3rd, criminal contempt 2nd, harassment 1st, aggravated harassment 2nd, criminal trespass 3rd or 2nd, arson 5th**, or an attempt, the **People must serve and file a notice at arraignment or within 45 days after**, alleging that relationship under **§ 530.11(1)**. ★\n- **(2)** The notice must **name the alleged victim and state the relationship**. On conviction, the court must advise the defendant of the right to a hearing **solely on that allegation**, an adjournment if needed, and that a sustained allegation will be reported to the **Division of Criminal Justice Services**. If sustained, the court must report the determination and conviction **within 3 business days**. ★\n- **(3)** The defendant may **stipulate or admit** the relationship orally on the record or in writing. If the defendant denies it or stands mute, the **People must prove it beyond a reasonable doubt**. The court may consider relevant, reliable hearsay; facts proven at trial or at a guilty plea are deemed established and are not relitigated. The court must make a **specific written determination**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/370.15", "publisher": "Elyphived LLC"}