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New York · Through 2026-09-11

N.Y. Criminal Procedure Law § 340.20: The plea

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Where this section sits in the code
  1. Criminal Procedure Law
  2. Part 2. The Principal Proceedings
  3. Title K. Prosecution of Informations In Local Criminal Courts-plea to Sentence
  4. Article 340. Pre-trial Proceedings

§ 340.20 The plea.

1. Except as provided in subdivisions two and three, the provisions

of article two hundred twenty, governing the kinds of pleas to

indictments which may be entered and related matters, are, to the extent

that they can be so applied, applicable to pleas to informations, and

changes of pleas thereto, in local criminal courts.

2. A plea to an information, other than one against a corporation,

must be entered in the following manner:

(a) Subject to the provisions of paragraph (b), a plea to an

information must be entered orally by the defendant in person unless the

court permits entry thereof by counsel upon the filing by him of a

written and subscribed statement by the defendant declaring that he

waives his right to plead to the information in person and authorizing

his attorney to enter a plea on his behalf as set forth in the

authorization.

(b) If the only offense or offenses charged are traffic infractions,

the procedure provided in sections eighteen hundred five, eighteen

hundred six and eighteen hundred seven of the vehicle and traffic law,

relating to pleas in such cases, is, when appropriate, applicable and

controlling.

3. A plea to an information against a corporation must be entered by

counsel.

4. 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.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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