N.Y. Criminal Procedure Law § 220.10: Plea; kinds of pleas

§ 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 paragraph (a)

of subdivision one, paragraph (a) of subdivision two and paragraph (a)

of subdivision three of section 130.35 of the penal law, rape in the

first degree as formerly defined in subdivision one of section 130.35 of

the penal law, a crime formerly 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.

(g-1) Where a defendant is an adolescent offender, the provisions of

paragraphs (a), (b), (c) and (d) of this subdivision shall not apply.

Where the plea is to an offense constituting a misdemeanor, the plea

shall be deemed replaced by an order of fact-finding in a juvenile

delinquency proceeding, pursuant to section 346.1 of the family court

act, and the action shall be removed to the family court in accordance

with article seven hundred twenty-five of this chapter. Where the plea

is to an offense constituting a felony, the court may remove the action

to the family court in accordance with section 722.23 and 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 incarcerated individual 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.