State Codes and Statutes

Statutes > New-york > Par > Title-e > Article-27 > 27-07

§  27.07  Pleas by mail.   A defendant charged with a violation of any  provision of this chapter or rule, regulation, local  law  or  ordinance  promulgated or adopted thereunder may himself plead guilty to the charge  in open court. He may also submit to the magistrate having jurisdiction,  in  person, by duly authorized agent, or by registered mail, a statement  (a) that he waives arraignment in open court and the aid of counsel, (b)  that he pleads guilty to the offense as charged, (c) that he elects  and  requests that the charge be disposed of and the fine or penalty fixed by  the court, (d) of any explanation that he desires to make concerning the  offense  charged,  and (e) that he makes all statements under penalty of  perjury. Thereupon the magistrate may proceed as  though  the  defendant  has  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. If upon  receipt  of  the  aforesaid  statement  the  magistrate  shall deny the same, he shall thereupon notify the defendant  of this fact, and  that  he  is  required  to  appear  before  the  said  magistrate  at  a stated time and place to answer the charge which shall  thereafter be disposed of pursuant to the applicable provisions of law.

State Codes and Statutes

Statutes > New-york > Par > Title-e > Article-27 > 27-07

§  27.07  Pleas by mail.   A defendant charged with a violation of any  provision of this chapter or rule, regulation, local  law  or  ordinance  promulgated or adopted thereunder may himself plead guilty to the charge  in open court. He may also submit to the magistrate having jurisdiction,  in  person, by duly authorized agent, or by registered mail, a statement  (a) that he waives arraignment in open court and the aid of counsel, (b)  that he pleads guilty to the offense as charged, (c) that he elects  and  requests that the charge be disposed of and the fine or penalty fixed by  the court, (d) of any explanation that he desires to make concerning the  offense  charged,  and (e) that he makes all statements under penalty of  perjury. Thereupon the magistrate may proceed as  though  the  defendant  has  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. If upon  receipt  of  the  aforesaid  statement  the  magistrate  shall deny the same, he shall thereupon notify the defendant  of this fact, and  that  he  is  required  to  appear  before  the  said  magistrate  at  a stated time and place to answer the charge which shall  thereafter be disposed of pursuant to the applicable provisions of law.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Par > Title-e > Article-27 > 27-07

§  27.07  Pleas by mail.   A defendant charged with a violation of any  provision of this chapter or rule, regulation, local  law  or  ordinance  promulgated or adopted thereunder may himself plead guilty to the charge  in open court. He may also submit to the magistrate having jurisdiction,  in  person, by duly authorized agent, or by registered mail, a statement  (a) that he waives arraignment in open court and the aid of counsel, (b)  that he pleads guilty to the offense as charged, (c) that he elects  and  requests that the charge be disposed of and the fine or penalty fixed by  the court, (d) of any explanation that he desires to make concerning the  offense  charged,  and (e) that he makes all statements under penalty of  perjury. Thereupon the magistrate may proceed as  though  the  defendant  has  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. If upon  receipt  of  the  aforesaid  statement  the  magistrate  shall deny the same, he shall thereupon notify the defendant  of this fact, and  that  he  is  required  to  appear  before  the  said  magistrate  at  a stated time and place to answer the charge which shall  thereafter be disposed of pursuant to the applicable provisions of law.