N.Y. CPL Law § 220.15 — New York Code / Act CPL / Part 2 / Title J / Article 220 / Section 220.15
Plea; plea of not responsible by reason of mental disease or defect
Status: in_force

§ 220.15 Plea; plea of not responsible by reason of mental disease or\n           defect.\n  1. 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 entire indictment. The district attorney\nmust state to the court either orally on the record or in a writing\nfiled with the court that the people consent to the entry of such plea\nand that the people are satisfied that the affirmative defense of lack\nof criminal responsibility by reason of mental disease or defect would\nbe proven by the defendant at a trial by a preponderance of the\nevidence.   The district attorney must further state to the court in\ndetail the evidence available to the people with respect to the offense\nor offenses charged in the indictment, including all psychiatric\nevidence available or known to the people.  If necessary, the court may\nconduct a hearing before accepting such plea.  The district attorney\nmust further state to the court the reasons for recommending such plea.\nThe reasons shall be stated in detail and not in conclusory terms.\n  2.  Counsel for the defendant must state that in his opinion defendant\nhas the capacity to understand the proceedings and to assist in his own\ndefense and that the defendant understands the consequences of a plea of\nnot responsible by reason of mental disease or defect.  Counsel for the\ndefendant must further state whether in his opinion defendant has any\nviable defense to the offense or offenses charged in the indictment\nother than the affirmative defense of lack of criminal responsibility by\nreason of mental disease or defect.   Counsel for the defendant must\nfurther state in detail the psychiatric evidence available to the\ndefendant with respect to such latter affirmative defense.\n  3.  Before accepting a plea of not responsible by reason of mental\ndisease or defect, the court must address the defendant in open court\nand determine that he understands each of the following:\n  (a)  The nature of the charge to which the plea is offered, and the\nconsequences of such plea;\n  (b)  That he has the right to plead not guilty or to persist in that\nplea if it has already been entered;\n  (c)  That he has the right to be tried by a jury, the right to the\nassistance of counsel, the right to confront and cross-examine witnesses\nagainst him, and the right not to be compelled to incriminate himself;\n  (d)  That if he pleads not responsible by reason of mental disease or\ndefect there will be no trial with respect to the charges contained in\nthe indictment, so that by offering such plea he waives the right to\nsuch trial;\n  (e)  That if he pleads not responsible by reason of mental disease or\ndefect the court will ask him questions about the offense or offenses\ncharged in the indictment and that he will thereby waive his right not\nto be compelled to incriminate himself; and\n  (f)  That the acceptance of a plea of not responsible by reason of\nmental disease or defect is the equivalent of a verdict of not\nresponsible by reason of mental disease or defect after trial.\n  4.  The court shall not accept a plea of not responsible by reason of\nmental disease or defect without first determining that there is a\nfactual basis for such plea.  The court must address the defendant\npersonally in open court and determine that the plea is voluntary,\nknowingly made, and not the result of force, threats, or promises.  The\ncourt must inquire whether the defendant's willingness to plead results\nfrom prior discussions between the district attorney and counsel for the\ndefendant.  The court must be satisfied that the defendant understands\nthe proceedings against him, has sufficient capacity to assist in his\nown defense and understands the consequences of a plea of not\nresponsible by reason of mental disease or defect.  The court may make\nsuch inquiry as it deems necessary or appropriate for the purpose of\nmaking the determinations required by this section.\n  5.  Before accepting a plea of not responsible by reason of mental\ndisease or defect, the court must find and state each of the following\non the record in detail and not in conclusory terms:\n  (a)  That it is satisfied that each element of the offense or offenses\ncharged in the indictment would be established beyond a reasonable doubt\nat a trial;\n  (b)  That the affirmative defense of lack of criminal responsibility\nby reason of mental disease or defect would be proven by the defendant\nat a trial by a preponderance of the evidence;\n  (c)  That the defendant has the capacity to understand the proceedings\nagainst him and to assist in his own defense;\n  (d)  That such plea by the defendant is knowingly and voluntarily made\nand that there is a factual basis for the plea;\n  (e)  That the acceptance of such plea is required in the interest of\nthe public in the effective administration of justice.\n  6.  When a plea of not responsible by reason of mental disease or\ndefect is accepted by the court and recorded upon the minutes, the\nprovisions of section 330.20 of this chapter shall govern all subsequent\nproceedings against the defendant.\n