N.Y. CPL Law § 220.20 — New York Code / Act CPL / Part 2 / Title J / Article 220 / Section 220.20
Plea; meaning of lesser included offense for plea purposes
Status: in_force

§ 220.20  Plea; meaning of lesser included offense for plea purposes.\n  1.  A "lesser included offense," within the meaning of subdivisions\nfour and five of section 220.10 relating to the entry of a plea of\nguilty to an offense of lesser grade than one charged in a count of an\nindictment, means not only a "lesser included offense" as that term is\ndefined in subdivision thirty-seven of section 1.20, but also one which\nis deemed to be such pursuant to the following rules:\n  (a)  Where the only culpable mental state required for the crime\ncharged is that the proscribed conduct be performed intentionally, any\nlesser offense consisting of reckless or criminally negligent, instead\nof intentional, performance of the same conduct is deemed to constitute\na lesser included offense;\n  (b)  Where the only culpable mental state required for the crime\ncharged is that the proscribed conduct be performed recklessly, any\nlesser offense consisting of criminally negligent, instead of reckless,\nperformance of the same conduct is deemed to constitute a lesser\nincluded offense;\n  (c)  Where according to the allegations of a count a defendant's\nparticipation in the crime charged consisted in whole or in part of\nsolicitation of another person to engage in the proscribed conduct, the\noffense of criminal solicitation, in any appropriate degree, is, with\nrespect to such defendant, deemed to constitute a lesser included\noffense;\n  (d)  Where according to the allegations of a count a defendant's\nparticipation in the crime charged consisted in whole or in part of\nconspiratorial agreement or conduct with another person to engage in the\nproscribed conduct, the crime of conspiracy, in any appropriate degree,\nis, with respect to such defendant, deemed to constitute a lesser\nincluded offense;\n  (e)  Where according to the allegations of a count charging a felony a\ndefendant's participation in such felony consisted in whole or in part\nof providing another person with means or opportunity for engaging in\nthe proscribed conduct, the crime of criminal facilitation, in any\nappropriate degree, is, with respect to such defendant, deemed to\nconstitute a lesser included offense;\n  (f)  Where the crime charged is assault or attempted assault, in any\ndegree, allegedly committed by intentionally causing or attempting to\ncause physical injury to a person by the immediate use of physical force\nagainst him, or where the crime charged is menacing, as defined in\nsection 120.15 of the penal law, the offense of harassment, as defined\nin subdivision one of section 240.25 of the penal law, is deemed to\nconstitute a lesser included offense;\n  (g)  Where the crime charged is murder in the second degree as defined\nin subdivision three of section 125.25 of the penal law, allegedly\ncommitted in the course of the commission or attempted commission of a\ndesignated one of the underlying felonies enumerated in said\nsubdivision, or during immediate flight therefrom, such designated\nunderlying felony or attempted felony is deemed to constitute a lesser\nincluded offense.  If such designated underlying felony is alleged to be\nrobbery, burglary, kidnapping, or arson, without specification of the\ndegree thereof, or an attempt to commit the same, a plea of guilty may\nbe entered to the lowest degree thereof only, or as the case may be to\nattempted commission of such felony in its lowest degree, unless the\nallegations of the count clearly indicate the existence of all the\nelements of a higher degree;\n  (h)  Where the crime charged is criminal sale of a controlled\nsubstance, any offense of criminal sale or possession of a controlled\nsubstance, in any degree, is deemed to constitute a lesser included\noffense.\n  (i)  Where the crime charged is criminal possession of a controlled\nsubstance, any offense of criminal possession of a controlled substance,\nin any degree, is deemed to constitute a lesser included offense.\n  (j) Where the offense charged is unlawful disposal of hazardous wastes\nin violation of section 27-0914 of the environmental conservation law,\nany offense of unlawful disposal or possession of hazardous wastes as\nset forth in sections 71-2707, 71-2709, 71-2711 and 71-2713 of such law,\nin any degree, is deemed to constitute a lesser included offense;\n  (k) Where the offense charged is unlawful possession of hazardous\nwastes in violation of section 27-0914 of the environmental conservation\nlaw, any offense of unlawful possession of hazardous wastes as set forth\nin sections 71-2707 and 71-2709 of such law, in any degree, is deemed to\nconstitute a lesser included offense.\n  2.  An offense is deemed to be a lesser included offense with respect\nto a crime charged in an indictment, pursuant to the provisions of\nsubdivision one, only for purposes of conviction upon a plea of guilty\nand not for purposes of conviction by verdict.  For the latter purpose,\nan offense constitutes a lesser included one only when it conforms to\nthe definition of that term contained in subdivision thirty-seven of\nsection 1.20.\n