Plea; kinds of pleas

§ 220.10 Plea; kinds of pleas.\n The only kinds of pleas which may be entered to an indictment are\nthose specified in this section:\n 1. The defendant may as a matter of right enter a plea of "not guilty"\nto the indictment.\n 2. Except as provided in subdivision five, the defendant may as a\nmatter of right enter a plea of "guilty" to the entire indictment.\n 3. Except as provided in subdivision five, where the indictment\ncharges but one crime, the defendant may, with both the permission of\nthe court and the consent of the people, enter a plea of guilty of a\nlesser included offense.\n 4. Except as provided in subdivision five, where the indictment\ncharges two or more offenses in separate counts, the defendant may, with\nboth the permission of the court and the consent of the people, enter a\nplea of:\n (a) Guilty of one or more but not all of the offenses charged; or\n (b) Guilty of a lesser included offense with respect to any or all of\nthe offenses charged; or\n (c) Guilty of any combination of offenses charged and lesser offenses\nincluded within other offenses charged.\n 5. (a) (i) Where the indictment charges one of the class A felonies\ndefined in article two hundred twenty of the penal law or the attempt to\ncommit any such class A felony, then any plea of guilty entered pursuant\nto subdivision three or four of this section must be or must include at\nleast a plea of guilty of a class B felony.\n (iii) Where the indictment charges one of the class B felonies defined\nin article two hundred twenty of the penal law then any plea of guilty\nentered pursuant to subdivision three or four must be or must include at\nleast a plea of guilty of a class D felony.\n (b) Where the indictment charges any class B felony, other than a\nclass B felony defined in article two hundred twenty of the penal law or\na class B violent felony offense as defined in subdivision one of\nsection 70.02 of the penal law, then any plea of guilty entered pursuant\nto subdivision three or four must be or must include at least a plea of\nguilty of a felony.\n (c) Where the indictment charges a felony, other than a class A felony\nor class B felony defined in article two hundred twenty of the penal law\nor class B or class C violent felony offense as defined in subdivision\none of section 70.02 of the penal law, and it appears that the defendant\nhas previously been subjected to a predicate felony conviction as\ndefined in penal law section 70.06 then any plea of guilty entered\npursuant to subdivision three or four must be or must include at least a\nplea of guilty of a felony.\n (d) Where the indictment charges a class A felony, other than those\ndefined in article two hundred twenty of the penal law, or charges a\nclass B or class C violent felony offense as defined in subdivision one\nof section 70.02 of the penal law, then a plea of guilty entered\npursuant to subdivision three or four must be as follows:\n (i) Where the indictment charges a class A felony offense or a class B\nviolent felony offense which is also an armed felony offense then a plea\nof guilty must include at least a plea of guilty to a class C violent\nfelony offense;\n (ii) Except as provided in subparagraph (i) of this paragraph, where\nthe indictment charges a class B violent felony offense or a class C\nviolent felony offense, then a plea of guilty must include at least a\nplea of guilty to a class D violent felony offense;\n (iii) Where the indictment charges the class D violent felony offense\nof criminal possession of a weapon in the third degree as defined in\nsubdivision four of section 265.02 of the penal law, and the defendant\nhas not been previously convicted of a class A misdemeanor defined in\nthe penal law in the five years preceding the commission of the offense,\nthen a plea of guilty must be either to the class E violent felony\noffense of attempted criminal possession of a weapon in the third degree\nor to the class A misdemeanor of criminal possession of a weapon in the\nfourth degree as defined in subdivision one of section 265.01 of the\npenal law;\n (iv) Where the indictment charges the class D violent felony offenses\nof criminal possession of a weapon in the third degree as defined in\nsubdivision four of section 265.02 of the penal law and the provisions\nof subparagraph (iii) of this paragraph do not apply, or subdivision\nfive, seven or eight of section 265.02 of the penal law, then a plea of\nguilty must include at least a plea of guilty to a class E violent\nfelony offense.\n (e) A defendant may not enter a plea of guilty to the crime of murder\nin the first degree as defined in section 125.27 of the penal law;\nprovided, however, that a defendant may enter such a plea with both the\npermission of the court and the consent of the people when the agreed\nupon sentence is either life imprisonment without parole or a term of\nimprisonment for the class A-I felony of murder in the first degree\nother than a sentence of life imprisonment without parole.\n (f) The provisions of this subdivision shall apply irrespective of\nwhether the defendant is thereby precluded from entering a plea of\nguilty of any lesser included offense.\n (g) Where the defendant is a juvenile offender, the provisions of\nparagraphs (a), (b), (c) and (d) of this subdivision shall not apply and\nany plea entered pursuant to subdivision three or four of this section,\nmust be as follows:\n (i) If the indictment charges a person fourteen or fifteen years old\nwith the crime of murder in the second degree any plea of guilty entered\npursuant to subdivision three or four must be a plea of guilty of a\ncrime for which the defendant is criminally responsible;\n (ii) If the indictment does not charge a crime specified in\nsubparagraph (i) of this paragraph, then any plea of guilty entered\npursuant to subdivision three or four of this section must be a plea of\nguilty of a crime for which the defendant is criminally responsible\nunless a plea of guilty is accepted pursuant to subparagraph (iii) of\nthis paragraph;\n (iii) Where the indictment does not charge a crime specified in\nsubparagraph (i) of this paragraph, the district attorney may recommend\nremoval of the action to the family court. Upon making such\nrecommendation the district attorney shall submit a subscribed\nmemorandum setting forth: (1) a recommendation that the interests of\njustice would best be served by removal of the action to the family\ncourt; and (2) if the indictment charges a thirteen year old with the\ncrime of murder in the second degree, or a fourteen or fifteen year old\nwith the crimes of rape in the first degree as defined in paragraph (a)\nof subdivision one, paragraph (a) of subdivision two and paragraph (a)\nof subdivision three of section 130.35 of the penal law, rape in the\nfirst degree as formerly defined in subdivision one of section 130.35 of\nthe penal law, a crime formerly defined in subdivision one of section\n130.50 of the penal law, or an armed felony as defined in paragraph (a)\nof subdivision forty-one of section 1.20 of this chapter specific\nfactors, one or more of which reasonably supports the recommendation,\nshowing, (i) mitigating circumstances that bear directly upon the manner\nin which the crime was committed, or (ii) where the defendant was not\nthe sole participant in the crime, that the defendant's participation\nwas relatively minor although not so minor as to constitute a defense to\nthe prosecution, or (iii) possible deficiencies in proof of the crime,\nor (iv) where the juvenile offender has no previous adjudications of\nhaving committed a designated felony act, as defined in subdivision\neight of section 301.2 of the family court act, regardless of the age of\nthe offender at the time of commission of the act, that the criminal act\nwas not part of a pattern of criminal behavior and, in view of the\nhistory of the offender, is not likely to be repeated.\n If the court is of the opinion based on specific factors set forth in\nthe district attorney's memorandum that the interests of justice would\nbest be served by removal of the action to the family court, a plea of\nguilty of a crime or act for which the defendant is not criminally\nresponsible may be entered pursuant to subdivision three or four of this\nsection, except that a thirteen year old charged with the crime of\nmurder in the second degree may only plead to a designated felony act,\nas defined in subdivision eight of section 301.2 of the family court\nact.\n Upon accepting any such plea, the court must specify upon the record\nthe portion or portions of the district attorney's statement the court\nis relying upon as the basis of its opinion and that it believes the\ninterests of justice would best be served by removal of the proceeding\nto the family court. Such plea shall then be deemed to be a juvenile\ndelinquency fact determination and the court upon entry thereof must\ndirect that the action be removed to the family court in accordance with\nthe provisions of article seven hundred twenty-five of this chapter.\n (g-1) Where a defendant is an adolescent offender, the provisions of\nparagraphs (a), (b), (c) and (d) of this subdivision shall not apply.\nWhere the plea is to an offense constituting a misdemeanor, the plea\nshall be deemed replaced by an order of fact-finding in a juvenile\ndelinquency proceeding, pursuant to section 346.1 of the family court\nact, and the action shall be removed to the family court in accordance\nwith article seven hundred twenty-five of this chapter. Where the plea\nis to an offense constituting a felony, the court may remove the action\nto the family court in accordance with section 722.23 and article seven\nhundred twenty-five of this chapter.\n (h) Where the indictment charges the class E felony offense of\naggravated harassment of an employee by an incarcerated individual as\ndefined in section 240.32 of the penal law, then a plea of guilty must\ninclude at least a plea of guilty to a class E felony.\n 6. The defendant may, with both the permission of the court and the\nconsent of the people, enter a plea of not responsible by reason of\nmental disease or defect to the indictment in the manner prescribed in\nsection 220.15 of this chapter.\n