The plea

Criminal Procedure

Section: 340.20

Jurisdiction: NY

Bluebook Citation: N.Y. Crim. Proc. Law § 340.20

§ 340.20 The plea.\n 1. Except as provided in subdivisions two and three, the provisions\nof article two hundred twenty, governing the kinds of pleas to\nindictments which may be entered and related matters, are, to the extent\nthat they can be so applied, applicable to pleas to informations, and\nchanges of pleas thereto, in local criminal courts.\n 2. A plea to an information, other than one against a corporation,\nmust be entered in the following manner:\n (a) Subject to the provisions of paragraph (b), a plea to an\ninformation must be entered orally by the defendant in person unless the\ncourt permits entry thereof by counsel upon the filing by him of a\nwritten and subscribed statement by the defendant declaring that he\nwaives his right to plead to the information in person and authorizing\nhis attorney to enter a plea on his behalf as set forth in the\nauthorization.\n (b) If the only offense or offenses charged are traffic infractions,\nthe procedure provided in sections eighteen hundred five, eighteen\nhundred six and eighteen hundred seven of the vehicle and traffic law,\nrelating to pleas in such cases, is, when appropriate, applicable and\ncontrolling.\n 3. A plea to an information against a corporation must be entered by\ncounsel.\n 4. When a sentence is agreed upon by the prosecutor and a defendant as\na predicate to entry of a plea of guilty, the court or the prosecutor\nmust orally on the record, or in writing filed with the court, state the\nsentence agreed upon as a condition of such plea.\n

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