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Consolidated Laws of New York
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Article 220 - NY Criminal Procedure Law
THE PLEA
Section |
Description |
220.10 | Plea; kinds of pleas. |
220.15 | Plea; plea of not responsible by reason of mental disease or defect. |
220.20 | Plea; meaning of lesser included offense for plea purposes. |
220.30 | Plea; plea of guilty to part of indictment; plea covering other indictments. |
220.35 | Hearing on predicate felony conviction. |
220.40 | Plea; plea of not guilty; meaning. |
220.50 | Plea; entry of plea. |
220.51 | Notice before entry of plea or trial involving a public official. |
220.60 | Plea; change of plea. |
S 220.10 Plea; kinds of pleas.
The only kinds of pleas which may be entered to an indictment are
those specified in this section:
1. The defendant may as a matter of right enter a plea of "not guilty"
to the indictment.
2. Except as provided in subdivision five, the defendant may as a
matter of right enter a plea of "guilty" to the entire indictment.
3. Except as provided in subdivision five, where the indictment
charges but one crime, the defendant may, with both the permission of
the court and the consent of the people, enter a plea of guilty of a
lesser included offense.
4. Except as provided in subdivision five, where the indictment
charges two or more offenses in separate counts, the defendant may, with
both the permission of the court and the consent of the people, enter a
plea of:
(a) Guilty of one or more but not all of the offenses charged; or
(b) Guilty of a lesser included offense with respect to any or all of
the offenses charged; or
(c) Guilty of any combination of offenses charged and lesser offenses
included within other offenses charged.
5. (a) (i) Where the indictment charges one of the class A felonies
defined in article two hundred twenty of the penal law or the attempt to
commit any such class A felony, then any plea of guilty entered pursuant
to subdivision three or four of this section must be or must include at
least a plea of guilty of a class B felony.
(iii) Where the indictment charges one of the class B felonies defined
in article two hundred twenty of the penal law then any plea of guilty
entered pursuant to subdivision three or four must be or must include at
least a plea of guilty of a class D felony.
(b) Where the indictment charges any class B felony, other than a
class B felony defined in article two hundred twenty of the penal law or
a class B violent felony offense as defined in subdivision one of
section 70.02 of the penal law, then any plea of guilty entered pursuant
to subdivision three or four must be or must include at least a plea of
guilty of a felony.
(c) Where the indictment charges a felony, other than a class A felony
or class B felony defined in article two hundred twenty of the penal law
or class B or class C violent felony offense as defined in subdivision
one of section 70.02 of the penal law, and it appears that the defendant
has previously been subjected to a predicate felony conviction as
defined in penal law section 70.06 then any plea of guilty entered
pursuant to subdivision three or four must be or must include at least a
plea of guilty of a felony.
(d) Where the indictment charges a class A felony, other than those
defined in article two hundred twenty of the penal law, or charges a
class B or class C violent felony offense as defined in subdivision one
of section 70.02 of the penal law, then a plea of guilty entered
pursuant to subdivision three or four must be as follows:
(i) Where the indictment charges a class A felony offense or a class B
violent felony offense which is also an armed felony offense then a plea
of guilty must include at least a plea of guilty to a class C violent
felony offense;
(ii) Except as provided in subparagraph (i) of this paragraph, where
the indictment charges a class B violent felony offense or a class C
violent felony offense, then a plea of guilty must include at least a
plea of guilty to a class D violent felony offense;
(iii) Where the indictment charges the class D violent felony offense
of criminal possession of a weapon in the third degree as defined in
subdivision four of section 265.02 of the penal law, and the defendant
has not been previously convicted of a class A misdemeanor defined in
the penal law in the five years preceding the commission of the offense,
then a plea of guilty must be either to the class E violent felony
offense of attempted criminal possession of a weapon in the third degree
or to the class A misdemeanor of criminal possession of a weapon in the
fourth degree as defined in subdivision one of section 265.01 of the
penal law;
(iv) Where the indictment charges the class D violent felony offenses
of criminal possession of a weapon in the third degree as defined in
subdivision four of section 265.02 of the penal law and the provisions
of subparagraph (iii) of this paragraph do not apply, or subdivision
five, seven or eight of section 265.02 of the penal law, then a plea of
guilty must include at least a plea of guilty to a class E violent
felony offense.
(e) A defendant may not enter a plea of guilty to the crime of murder
in the first degree as defined in section 125.27 of the penal law;
provided, however, that a defendant may enter such a plea with both the
permission of the court and the consent of the people when the agreed
upon sentence is either life imprisonment without parole or a term of
imprisonment for the class A-I felony of murder in the first degree
other than a sentence of life imprisonment without parole.
(f) The provisions of this subdivision shall apply irrespective of
whether the defendant is thereby precluded from entering a plea of
guilty of any lesser included offense.
(g) Where the defendant is a juvenile offender, the provisions of
paragraphs (a), (b), (c) and (d) of this subdivision shall not apply and
any plea entered pursuant to subdivision three or four of this section,
must be as follows:
(i) If the indictment charges a person fourteen or fifteen years old
with the crime of murder in the second degree any plea of guilty entered
pursuant to subdivision three or four must be a plea of guilty of a
crime for which the defendant is criminally responsible;
(ii) If the indictment does not charge a crime specified in
subparagraph (i) of this paragraph, then any plea of guilty entered
pursuant to subdivision three or four of this section must be a plea of
guilty of a crime for which the defendant is criminally responsible
unless a plea of guilty is accepted pursuant to subparagraph (iii) of
this paragraph;
(iii) Where the indictment does not charge a crime specified in
subparagraph (i) of this paragraph, the district attorney may recommend
removal of the action to the family court. Upon making such
recommendation the district attorney shall submit a subscribed
memorandum setting forth: (1) a recommendation that the interests of
justice would best be served by removal of the action to the family
court; and (2) if the indictment charges a thirteen year old with the
crime of murder in the second degree, or a fourteen or fifteen year old
with the crimes of rape in the first degree as defined in subdivision
one of section 130.35 of the penal law, or criminal sexual act in the
first degree as defined in subdivision one of section 130.50 of the
penal law, or an armed felony as defined in paragraph (a) of subdivision
forty-one of section 1.20 of this chapter specific factors, one or more
of which reasonably supports the recommendation, showing, (i) mitigating
circumstances that bear directly upon the manner in which the crime was
committed, or (ii) where the defendant was not the sole participant in
the crime, that the defendant's participation was relatively minor
although not so minor as to constitute a defense to the prosecution, or
(iii) possible deficiencies in proof of the crime, or (iv) where the
juvenile offender has no previous adjudications of having committed a
designated felony act, as defined in subdivision eight of section 301.2
of the family court act, regardless of the age of the offender at the
time of commission of the act, that the criminal act was not part of a
pattern of criminal behavior and, in view of the history of the
offender, is not likely to be repeated.
If the court is of the opinion based on specific factors set forth in
the district attorney's memorandum that the interests of justice would
best be served by removal of the action to the family court, a plea of
guilty of a crime or act for which the defendant is not criminally
responsible may be entered pursuant to subdivision three or four of this
section, except that a thirteen year old charged with the crime of
murder in the second degree may only plead to a designated felony act,
as defined in subdivision eight of section 301.2 of the family court
act.
Upon accepting any such plea, the court must specify upon the record
the portion or portions of the district attorney's statement the court
is relying upon as the basis of its opinion and that it believes the
interests of justice would best be served by removal of the proceeding
to the family court. Such plea shall then be deemed to be a juvenile
delinquency fact determination and the court upon entry thereof must
direct that the action be removed to the family court in accordance with
the provisions of article seven hundred twenty-five of this chapter.
(h) Where the indictment charges the class E felony offense of
aggravated harassment of an employee by an inmate as defined in section
240.32 of the penal law, then a plea of guilty must include at least a
plea of guilty to a class E felony.
6. The defendant may, with both the permission of the court and the
consent of the people, enter a plea of not responsible by reason of
mental disease or defect to the indictment in the manner prescribed in
section 220.15 of this chapter.
S 220.15 Plea;plea of not responsible by reason of mental disease or defect.
1. The defendant may, with both the permission of the court and the
consent of the people, enter a plea of not responsible by reason of
mental disease or defect to the entire indictment. The district attorney
must state to the court either orally on the record or in a writing
filed with the court that the people consent to the entry of such plea
and that the people are satisfied that the affirmative defense of lack
of criminal responsibility by reason of mental disease or defect would
be proven by the defendant at a trial by a preponderance of the
evidence. The district attorney must further state to the court in
detail the evidence available to the people with respect to the offense
or offenses charged in the indictment, including all psychiatric
evidence available or known to the people. If necessary, the court may
conduct a hearing before accepting such plea. The district attorney
must further state to the court the reasons for recommending such plea.
The reasons shall be stated in detail and not in conclusory terms.
2. Counsel for the defendant must state that in his opinion defendant
has the capacity to understand the proceedings and to assist in his own
defense and that the defendant understands the consequences of a plea of
not responsible by reason of mental disease or defect. Counsel for the
defendant must further state whether in his opinion defendant has any
viable defense to the offense or offenses charged in the indictment
other than the affirmative defense of lack of criminal responsibility by
reason of mental disease or defect. Counsel for the defendant must
further state in detail the psychiatric evidence available to the
defendant with respect to such latter affirmative defense.
3. Before accepting a plea of not responsible by reason of mental
disease or defect, the court must address the defendant in open court
and determine that he understands each of the following:
(a) The nature of the charge to which the plea is offered, and the
consequences of such plea;
(b) That he has the right to plead not guilty or to persist in that
plea if it has already been entered;
(c) That he has the right to be tried by a jury, the right to the
assistance of counsel, the right to confront and cross-examine witnesses
against him, and the right not to be compelled to incriminate himself;
(d) That if he pleads not responsible by reason of mental disease or
defect there will be no trial with respect to the charges contained in
the indictment, so that by offering such plea he waives the right to
such trial;
(e) That if he pleads not responsible by reason of mental disease or
defect the court will ask him questions about the offense or offenses
charged in the indictment and that he will thereby waive his right not
to be compelled to incriminate himself; and
(f) That the acceptance of a plea of not responsible by reason of
mental disease or defect is the equivalent of a verdict of not
responsible by reason of mental disease or defect after trial.
4. The court shall not accept a plea of not responsible by reason of
mental disease or defect without first determining that there is a
factual basis for such plea. The court must address the defendant
personally in open court and determine that the plea is voluntary,
knowingly made, and not the result of force, threats, or promises. The
court must inquire whether the defendant's willingness to plead results
from prior discussions between the district attorney and counsel for the
defendant. The court must be satisfied that the defendant understands
the proceedings against him, has sufficient capacity to assist in his
own defense and understands the consequences of a plea of not
responsible by reason of mental disease or defect. The court may make
such inquiry as it deems necessary or appropriate for the purpose of
making the determinations required by this section.
5. Before accepting a plea of not responsible by reason of mental
disease or defect, the court must find and state each of the following
on the record in detail and not in conclusory terms:
(a) That it is satisfied that each element of the offense or offenses
charged in the indictment would be established beyond a reasonable doubt
at a trial;
(b) That the affirmative defense of lack of criminal responsibility
by reason of mental disease or defect would be proven by the defendant
at a trial by a preponderance of the evidence;
(c) That the defendant has the capacity to understand the proceedings
against him and to assist in his own defense;
(d) That such plea by the defendant is knowingly and voluntarily made
and that there is a factual basis for the plea;
(e) That the acceptance of such plea is required in the interest of
the public in the effective administration of justice.
6. When a plea of not responsible by reason of mental disease or
defect is accepted by the court and recorded upon the minutes, the
provisions of section 330.20 of this chapter shall govern all subsequent
proceedings against the defendant.
S 220.20 Plea; meaning of lesser included offense for plea purposes.
1. A "lesser included offense," within the meaning of subdivisions
four and five of section 220.10 relating to the entry of a plea of
guilty to an offense of lesser grade than one charged in a count of an
indictment, means not only a "lesser included offense" as that term is
defined in subdivision thirty-seven of section 1.20, but also one which
is deemed to be such pursuant to the following rules:
(a) Where the only culpable mental state required for the crime
charged is that the proscribed conduct be performed intentionally, any
lesser offense consisting of reckless or criminally negligent, instead
of intentional, performance of the same conduct is deemed to constitute
a lesser included offense;
(b) Where the only culpable mental state required for the crime
charged is that the proscribed conduct be performed recklessly, any
lesser offense consisting of criminally negligent, instead of reckless,
performance of the same conduct is deemed to constitute a lesser
included offense;
(c) Where according to the allegations of a count a defendant's
participation in the crime charged consisted in whole or in part of
solicitation of another person to engage in the proscribed conduct, the
offense of criminal solicitation, in any appropriate degree, is, with
respect to such defendant, deemed to constitute a lesser included
offense;
(d) Where according to the allegations of a count a defendant's
participation in the crime charged consisted in whole or in part of
conspiratorial agreement or conduct with another person to engage in the
proscribed conduct, the crime of conspiracy, in any appropriate degree,
is, with respect to such defendant, deemed to constitute a lesser
included offense;
(e) Where according to the allegations of a count charging a felony a
defendant's participation in such felony consisted in whole or in part
of providing another person with means or opportunity for engaging in
the proscribed conduct, the crime of criminal facilitation, in any
appropriate degree, is, with respect to such defendant, deemed to
constitute a lesser included offense;
(f) Where the crime charged is assault or attempted assault, in any
degree, allegedly committed by intentionally causing or attempting to
cause physical injury to a person by the immediate use of physical force
against him, or where the crime charged is menacing, as defined in
section 120.15 of the penal law, the offense of harassment, as defined
in subdivision one of section 240.25 of the penal law, is deemed to
constitute a lesser included offense;
(g) Where the crime charged is murder in the second degree as defined
in subdivision three of section 125.25 of the penal law, allegedly
committed in the course of the commission or attempted commission of a
designated one of the underlying felonies enumerated in said
subdivision, or during immediate flight therefrom, such designated
underlying felony or attempted felony is deemed to constitute a lesser
included offense. If such designated underlying felony is alleged to be
robbery, burglary, kidnapping, or arson, without specification of the
degree thereof, or an attempt to commit the same, a plea of guilty may
be entered to the lowest degree thereof only, or as the case may be to
attempted commission of such felony in its lowest degree, unless the
allegations of the count clearly indicate the existence of all the
elements of a higher degree;
(h) Where the crime charged is criminal sale of a controlled
substance, any offense of criminal sale or possession of a controlled
substance, in any degree, is deemed to constitute a lesser included
offense.
(i) Where the crime charged is criminal possession of a controlled
substance, any offense of criminal possession of a controlled substance,
in any degree, is deemed to constitute a lesser included offense.
(j) Where the offense charged is unlawful disposal of hazardous wastes
in violation of section 27-0914 of the environmental conservation law,
any offense of unlawful disposal or possession of hazardous wastes as
set forth in sections 71-2707, 71-2709, 71-2711 and 71-2713 of such law,
in any degree, is deemed to constitute a lesser included offense;
(k) Where the offense charged is unlawful possession of hazardous
wastes in violation of section 27-0914 of the environmental conservation
law, any offense of unlawful possession of hazardous wastes as set forth
in sections 71-2707 and 71-2709 of such law, in any degree, is deemed to
constitute a lesser included offense.
2. An offense is deemed to be a lesser included offense with respect
to a crime charged in an indictment, pursuant to the provisions of
subdivision one, only for purposes of conviction upon a plea of guilty
and not for purposes of conviction by verdict. For the latter purpose,
an offense constitutes a lesser included one only when it conforms to
the definition of that term contained in subdivision thirty-seven of
section 1.20.
S 220.30 Plea; plea of guilty to part of indictment;
plea covering other indictments.
1. A plea of guilty not embracing the entire indictment, entered
pursuant to the provisions of subdivision four or five of section
220.10, is a "plea of guilty to part of the indictment."
2. The entry and acceptance of a plea of guilty to part of the
indictment constitutes a disposition of the entire indictment.
3. (a) (i) Except as provided in paragraph (b), or in paragraph (c)
dealing with juvenile offenders, a plea of guilty, whether to the entire
indictment or to part of the indictment, may, with both the permission
of the court and the consent of the people, be entered and accepted upon
the condition that it constitutes a complete disposition of one or more
other indictments against the defendant then pending.
(ii) If the other indictment or indictments are pending in a different
court or courts, they shall not be disposed of under this subdivision
unless the other courts and the appropriate prosecutors also transmit
their written permission and consent as provided in subdivision four of
section 220.50 of this article; in such a case the court in which the
plea is entered shall so notify the other courts which, upon such
notice, shall dismiss the appropriate indictments pending therein.
(b) (i) A plea of guilty, whether to the entire indictment or to part
of the indictment for any crime other than a class A felony, may not be
accepted on the condition that it constitutes a complete disposition of
one or more other indictments against the defendant wherein is charged a
class A-I felony as defined in article two hundred twenty of the penal
law or the attempt to commit any such class A-I felony, except that an
eligible youth, as defined in subdivision two of section 720.10, may
plea to a class B felony, upon consent of the district attorney, for
purposes of adjudication as a youthful offender.
(ii) Where it appears that the defendant has previously been subjected
to a predicate felony conviction as defined in paragraph (b) of
subdivision (1) of section 70.06 of the penal law, a plea of guilty,
whether to the entire indictment or to part of the indictment, of any
offense other than a felony may not be accepted on the condition that it
constitutes a complete disposition of one or more other indictments
against the defendant wherein is charged a felony, other than a class A
felony or a class B or class C violent felony offense as defined in
subdivision one of section 70.02 of the penal law.
(iii) A plea of guilty, whether to the entire indictment or part of
the indictment for any crime other than a class A felony or a class B or
class C violent felony offense as defined in subdivision one of section
70.02 of the penal law, may not be accepted on the condition that it
constitutes a complete disposition of one or more other indictments
against the defendant wherein is charged a class A felony, other than
those defined in article two hundred twenty of the penal law, or a class
B violent felony offense which is also an armed felony offense.
(iv) Except as provided in subparagraph (iii) of this paragraph, a
plea of guilty, whether to the entire indictment or part of the
indictment, for any crime other than a class A felony or a class B, C,
or D violent felony offense as defined in subdivision one of section
70.02 of the penal law, may not be accepted on the condition that it
constitutes a complete disposition of one or more other indictments
against the defendant wherein is charged a class B or class C violent
felony offense as defined in subdivision one of section 70.02 of the
penal law,
(v) A plea of guilty, whether to the entire indictment or part of the
indictment, for any crime other than a violent felony offense as defined
in section 70.02 of the penal law, may not be accepted on the condition
that it constitutes a complete disposition of one or more other
indictments against the defendant wherein is charged the class D violent
felony offenses of criminal possession of a weapon in the third degree
as defined in subdivision four, five, seven or eight of section 265.02
of the penal law; provided, however, a plea of guilty, whether to the
entire indictment or part of the indictment, for the class A misdemeanor
of criminal possession of a weapon in the fourth degree as defined in
subdivision one of section 265.01 of the penal law may be accepted on
the condition that it constitutes a complete disposition of one or more
other indictments against the defendant wherein is charged the class D
violent felony offense of criminal possession of a weapon in the third
degree as defined in subdivision four of section 265.02 of the penal law
when the defendant has not been previously convicted of a class A
misdemeanor defined in the penal law in the five years preceding the
commission of the offense.
(vi) A plea of guilty, whether to the entire indictment or to part of
the indictment for any crime other than a felony, may not be accepted on
the condition that it constitutes a complete disposition of one or more
other indictments against the defendant wherein is charged a class B
felony other than a class B violent felony offense as defined in
subdivision one of section 70.02 of the penal law.
(vii) A defendant may not enter a plea of guilty to the crime of
murder in the first degree as defined in section 125.27 of the penal
law; provided, however, that a defendant may enter such a plea with both
the permission of the court and the consent of the people when the
agreed upon sentence is either life imprisonment without parole or a
term of imprisonment for the class A-I felony of murder in the first
degree other than a sentence of life imprisonment without parole.
(viii) A plea of guilty, whether to the entire indictment or to part
of the indictment for any crime other than a class A or class B felony
may not be accepted on condition that it constitutes a complete
disposition of one or more other indictments against the defendant
wherein is charged a class A-II felony defined in article two hundred
twenty of the penal law or the attempt to commit any such felony.
(ix) A plea of guilty, whether to the entire indictment or to part of
the indictment for any crime other than a class B, a class C, or a class
D felony, may not be accepted on condition that it constitutes a
complete disposition of one or more other indictments against the
defendant wherein is charged a class B felony defined in article two
hundred twenty of the penal law.
(c) Where the defendant is a juvenile offender, a plea of guilty,
whether to the entire indictment or to part of the indictment, of any
offense other than one for which the defendant is criminally responsible
may not be accepted on the condition that it constitutes a complete
disposition of one or more other indictments against the defendant.
S 220.35 Hearing on predicate felony conviction.
In any case where the defendant offers to enter a plea of guilty of a
misdemeanor to constitute a disposition of the entire indictment or to
constitute a complete disposition of one or more other indictments, or
both, and the permission of the court and the consent of the people must
be withheld solely upon the ground that it appears the defendant has
previously been subjected to a predicate felony conviction as defined in
paragraph (b) of subdivision one of section 70.06 of the penal law the
court, if the defendant does not admit such predicate felony conviction,
may conduct the hearing required by section 400.21 for the purpose of
determining whether the plea may be entered or must be rejected. The
finding upon any such hearing shall also be binding upon the defendant
for the purpose of sentence.
S 220.40 Plea; plea of not guilty; meaning.
A plea of not guilty constitutes a denial of every allegation of the
indictment.
S 220.50 Plea; entry of plea.
1. A plea to an indictment, other than one against a corporation, must
be entered orally by the defendant in person; except that a plea to an
indictment which does not charge a felony may, with the permission of
the court, be entered by counsel upon submission by him of written
authorization of the defendant.
2. A plea to an indictment against a corporation must be entered by
counsel.
3. If a defendant who is required to enter a plea to an indictment
refuses to do so or remains mute, the court must enter a plea of not
guilty to the indictment in his behalf.
4. Where the permission of the court and the consent of the people are
a prerequisite to the entry of a plea of guilty, the court and the
prosecutor must either orally on the record or in a writing filed with
the indictment state their reason for granting permission or consenting,
as the case may be, to entry of the plea of guilty.
5. When a sentence is agreed upon by the prosecutor and a defendant as
a predicate to entry of a plea of guilty, the court or the prosecutor
must orally on the record, or in writing filed with the court, state the
sentence agreed upon as a condition of such plea.
6. Where the defendant consents to a plea of guilty to the indictment,
or part of the indictment, or consents to be prosecuted by superior
court information as set forth in section 195.20 of this chapter, and if
the defendant and prosecutor agree that as a condition of the plea or
the superior court information certain property shall be forfeited by
the defendant, the description and present estimated monetary value of
the property shall be stated in court by the prosecutor at the time of
plea. Within thirty days of the acceptance of the plea or superior court
information by the court, the prosecutor shall send to the commissioner
of the division of criminal justice services a document containing the
name of the defendant, the description and present estimated monetary
value of the property, and the date the plea or superior court
information was accepted. Any property forfeited by the defendant as a
condition to a plea of guilty to an indictment, or a part thereof, or to
a superior court information, shall be disposed of in accordance with
the provisions of section thirteen hundred forty-nine of the civil
practice law and rules.
* 7. Prior to accepting a defendant's plea of guilty to a count or
counts of an indictment or a superior court information charging a
felony offense, the court must advise the defendant on the record, that
if the defendant is not a citizen of the United States, the defendant's
plea of guilty and the court's acceptance thereof may result in the
defendant's deportation, exclusion from admission to the United States
or denial of naturalization pursuant to the laws of the United States.
Where the plea of guilty is to a count or counts of an indictment
charging a felony offense other than a violent felony offense as defined
in section 70.02 of the penal law or an A-I felony offense other than an
A-I felony as defined in article two hundred twenty of the penal law,
the court must also, prior to accepting such plea, advise the defendant
that, if the defendant is not a citizen of the United States and is or
becomes the subject of a final order of deportation issued by the United
States Immigration and Naturalization Service, the defendant may be
paroled to the custody of the Immigration and Naturalization Service for
deportation purposes at any time subsequent to the commencement of any
indeterminate or determinate prison sentence imposed as a result of the
defendant's plea. The failure to advise the defendant pursuant to this
subdivision shall not be deemed to affect the voluntariness of a plea of
guilty or the validity of a conviction, nor shall it afford a defendant
any rights in a subsequent proceeding relating to such defendant's
deportation, exclusion or denial of naturalization.
* NB Repealed September 1, 2017
S 220.51 Notice before entry of plea or trial involving a public official.
Prior to trial, and before accepting a defendant's plea to a count or
counts of an indictment or a superior court information charging a
felony offense, the court must individually advise the defendant, on the
record, that if at the time of the alleged felony crime the defendant
was a public official, as defined in subdivision six of section one
hundred fifty-six of the retirement and social security law, the
defendant's plea of guilty and the court's acceptance thereof or
conviction after trial may result in proceedings for the reduction or
revocation of such defendant's pension pursuant to article three-B of
the retirement and social security law.
S 220.60 Plea; change of plea.
1. A defendant who has entered a plea of not guilty to an indictment
may as a matter of right withdraw such plea at any time before rendition
of a verdict and enter a plea of guilty to the entire indictment
pursuant to subdivision two, but subject to the limitation in
subdivision five of section 220.10.
2. A defendant who has entered a plea of not guilty to an indictment
may, with both the permission of the court and the consent of the
people, withdraw such plea at any time before the rendition of a verdict
and enter: (a) a plea of guilty to part of the indictment pursuant to
subdivision three or four but subject to the limitation in subdivision
five of section 220.10, or (b) a plea of not responsible by reason of
mental disease or defect to the indictment pursuant to section 220.15 of
this chapter.
3. At any time before the imposition of sentence, the court in its
discretion may permit a defendant who has entered a plea of guilty to
the entire indictment or to part of the indictment, or a plea of not
responsible by reason of mental disease or defect, to withdraw such
plea, and in such event the entire indictment, as it existed at the time
of such plea, is restored.
4. When a special information has been filed pursuant to section
200.61 or 200.62 of this chapter, a defendant may enter a plea of guilty
to the count or counts of the indictment to which the special
information applies without admitting the allegations of the special
information. Whenever a defendant enters a plea of guilty to the count
or counts of the indictment to which the special information applies
without admitting the allegations of the special information, the court
must, unless the people consent otherwise, conduct a hearing in
accordance with paragraph (b) of subdivision two of section 200.62 or
paragraph (b) of subdivision three of section 200.61 of this chapter,
whichever is applicable.
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N.Y.S. Laws:
YPDcrime.com,
CityofYonkers.org,
CityofYonkersPolice.com,
CityofYonkersPolice.org,
JMBwebdesigns.com,
NYScriminalLaws.com,
YonkersPD.com,
YonkersPD.org,
YonkersPolice.com,
YonkersPolice.org,
YPDcrime.info - A comprehensive on-line digest of New York's criminal code.