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Criminal Procedure Law

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Article 220 - NY Criminal Procedure Law

THE PLEA

Section Description
220.10Plea; kinds of pleas.
220.15Plea; plea of not responsible by reason of mental disease or defect.
220.20Plea; meaning of lesser included offense for plea purposes.
220.30Plea; plea of guilty to part of indictment; plea covering other indictments.
220.35Hearing on predicate felony conviction.
220.40Plea; plea of not guilty; meaning.
220.50Plea; entry of plea.
220.51Notice before entry of plea or trial involving a public official.
220.60Plea; 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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