N.Y. Criminal Procedure Law § 220.30: Plea; plea of guilty to part of indictment; plea covering other indictments

§ 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.