N.Y. CPL Law § 220.30 — New York Code / Act CPL / Part 2 / Title J / Article 220 / Section 220.30
Plea; plea of guilty to part of indictment; plea covering other indictments
Status: in_force

§ 220.30 Plea; plea of guilty to part of indictment; plea covering other\n           indictments.\n  1. A plea of guilty not embracing the entire indictment, entered\npursuant to the provisions of subdivision four or five of section\n220.10, is a "plea of guilty to part of the indictment."\n  2. The entry and acceptance of a plea of guilty to part of the\nindictment constitutes a disposition of the entire indictment.\n  3. (a) (i) Except as provided in paragraph (b), or in paragraph (c)\ndealing with juvenile offenders, a plea of guilty, whether to the entire\nindictment or to part of the indictment, may, with both the permission\nof the court and the consent of the people, be entered and accepted upon\nthe condition that it constitutes a complete disposition of one or more\nother indictments against the defendant then pending.\n  (ii) If the other indictment or indictments are pending in a different\ncourt or courts, they shall not be disposed of under this subdivision\nunless the other courts and the appropriate prosecutors also transmit\ntheir written permission and consent as provided in subdivision four of\nsection 220.50 of this article; in such a case the court in which the\nplea is entered shall so notify the other courts which, upon such\nnotice, shall dismiss the appropriate indictments pending therein.\n  (b) (i) A plea of guilty, whether to the entire indictment or to part\nof the indictment for any crime other than a class A felony, may not be\naccepted on the condition that it constitutes a complete disposition of\none or more other indictments against the defendant wherein is charged a\nclass A-I felony as defined in article two hundred twenty of the penal\nlaw or the attempt to commit any such class A-I felony, except that an\neligible youth, as defined in subdivision two of section 720.10, may\nplea to a class B felony, upon consent of the district attorney, for\npurposes of adjudication as a youthful offender.\n  (ii) Where it appears that the defendant has previously been subjected\nto a predicate felony conviction as defined in paragraph (b) of\nsubdivision (1) of section 70.06 of the penal law, a plea of guilty,\nwhether to the entire indictment or to part of the indictment, of any\noffense other than a felony may not be accepted on the condition that it\nconstitutes a complete disposition of one or more other indictments\nagainst the defendant wherein is charged a felony, other than a class A\nfelony or a class B or class C violent felony offense as defined in\nsubdivision one of section 70.02 of the penal law.\n  (iii) A plea of guilty, whether to the entire indictment or part of\nthe indictment for any crime other than a class A felony or a class B or\nclass C violent felony offense as defined in subdivision one of section\n70.02 of the penal law, may not be accepted on the condition that it\nconstitutes a complete disposition of one or more other indictments\nagainst the defendant wherein is charged a class A felony, other than\nthose defined in article two hundred twenty of the penal law, or a class\nB violent felony offense which is also an armed felony offense.\n  (iv) Except as provided in subparagraph (iii) of this paragraph, a\nplea of guilty, whether to the entire indictment or part of the\nindictment, for any crime other than a class A felony or a class B, C,\nor D violent felony offense as defined in subdivision one of section\n70.02 of the penal law, may not be accepted on the condition that it\nconstitutes a complete disposition of one or more other indictments\nagainst the defendant wherein is charged a class B or class C violent\nfelony offense as defined in subdivision one of section 70.02 of the\npenal law,\n  (v) A plea of guilty, whether to the entire indictment or part of the\nindictment, for any crime other than a violent felony offense as defined\nin section 70.02 of the penal law, may not be accepted on the condition\nthat it constitutes a complete disposition of one or more other\nindictments against the defendant wherein is charged the class D violent\nfelony offenses of criminal possession of a weapon in the third degree\nas defined in subdivision four, five, seven or eight of section 265.02\nof the penal law; provided, however, a plea of guilty, whether to the\nentire indictment or part of the indictment, for the class A misdemeanor\nof criminal possession of a weapon in the fourth degree as defined in\nsubdivision one of section 265.01 of the penal law may be accepted on\nthe condition that it constitutes a complete disposition of one or more\nother indictments against the defendant wherein is charged the class D\nviolent felony offense of criminal possession of a weapon in the third\ndegree as defined in subdivision four of section 265.02 of the penal law\nwhen the defendant has not been previously convicted of a class A\nmisdemeanor defined in the penal law in the five years preceding the\ncommission of the offense.\n  (vi) A plea of guilty, whether to the entire indictment or to part of\nthe indictment for any crime other than a felony, may not be accepted on\nthe condition that it constitutes a complete disposition of one or more\nother indictments against the defendant wherein is charged a class B\nfelony other than a class B violent felony offense as defined in\nsubdivision one of section 70.02 of the penal law.\n  (vii) A defendant may not enter a plea of guilty to the crime of\nmurder in the first degree as defined in section 125.27 of the penal\nlaw; provided, however, that a defendant may enter such a plea with both\nthe permission of the court and the consent of the people when the\nagreed upon sentence is either life imprisonment without parole or a\nterm of imprisonment for the class A-I felony of murder in the first\ndegree other than a sentence of life imprisonment without parole.\n  (viii) A plea of guilty, whether to the entire indictment or to part\nof the indictment for any crime other than a class A or class B felony\nmay not be accepted on condition that it constitutes a complete\ndisposition of one or more other indictments against the defendant\nwherein is charged a class A-II felony defined in article two hundred\ntwenty of the penal law or the attempt to commit any such felony.\n  (ix) A plea of guilty, whether to the entire indictment or to part of\nthe indictment for any crime other than a class B, a class C, or a class\nD felony, may not be accepted on condition that it constitutes a\ncomplete disposition of one or more other indictments against the\ndefendant wherein is charged a class B felony defined in article two\nhundred twenty of the penal law.\n  (c) Where the defendant is a juvenile offender, a plea of guilty,\nwhether to the entire indictment or to part of the indictment, of any\noffense other than one for which the defendant is criminally responsible\nmay not be accepted on the condition that it constitutes a complete\ndisposition of one or more other indictments against the defendant.\n