New York § 19 - 19Uniform navigation summons and complaint

§ 19. 19Uniform navigation summons and complaint

§ 19. Uniform navigation summons and complaint. 1. The commissioner shall be authorized to prescribe the form of summons and/or complaint in all cases involving a violation of any provision of this chapter or of any ordinance, rule or regulation relating to navigation, or of any class or category of such cases, and to establish procedures for proper administrative controls over the disposition thereof. The provisions of this subdivision shall not apply to offenses specified in paragraph b of subdivision four of section forty-nine of this chapter. 2. The chief executive officer of each local police force including county, town, city and village police departments, sheriffs, and the superintendent of state police shall prepare or cause to be prepared such records and reports as may be prescribed hereunder. 3. The commissioner shall have the power from time to time to adopt such rules and regulations as may be necessary to accomplish the purposes and enforce the provisions of this section including requirements for reporting by trial courts having jurisdiction over navigation violations. 4. The provisions of this section shall not apply to or supersede any ordinance, rule or regulation heretofore or hereafter made, adopted or prescribed pursuant to law in Nassau or Suffolk counties or in any city having a population of one million or over. 5. Any person who disposes of any uniform navigation summons and/or complaint in any manner other than that prescribed by law, rule or regulation shall be guilty of a misdemeanor. 6. If a person charged with a violation desires to plead guilty to the violation as charged in the summons, he shall submit to the magistrate having jurisdiction, in person, by duly authorized agent or by registered mail, a verified application or in lieu thereof, an application affirmed under penalty of perjury setting forth (a) the nature of the charge, (b) the violations, if any, of the navigation law or of any local law or ordinance governing or regulating navigation, of which the defendant has been convicted within a period of two years immediately preceding the date of the impending charge, together with the date, the name and place of the court and the disposition, with respect to each violation, (c) the information or instructions required by section one thousand eight hundred seven of the vehicle and traffic law to be given defendant upon arraignment, (d) that defendant waives arraignment in open court and the aid of counsel, (e) that he pleads guilty to the offense as charged, (f) that defendant elects and requests that the charge be disposed of and the fine or penalty fixed by the court, pursuant to this subdivision, and (g) any statement or explanation that the defendant may desire to make concerning the offense charged. The application shall be in such form as the commissioner shall prescribe and a copy thereof shall be handed to the defendant by the person charging him with such violation. Thereupon the magistrate 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, without suspension of execution of sentence, shall be deemed tentative until such fine or penalty shall have been paid and discharged in full, prior to which time the magistrate, in his 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 subdivision. If upon receipt of the aforesaid application the magistrate shall deny the same, he shall thereupon inform 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.