N.Y. CPL Law § 220.50 — New York Code / Act CPL / Part 2 / Title J / Article 220 / Section 220.50
Plea; entry of plea
Status: in_force

§ 220.50 Plea; entry of plea.\n  1. A plea to an indictment, other than one against a corporation, must\nbe entered orally by the defendant in person; except that a plea to an\nindictment which does not charge a felony may, with the permission of\nthe court, be entered by counsel upon submission by him of written\nauthorization of the defendant.\n  2. A plea to an indictment against a corporation must be entered by\ncounsel.\n  3. If a defendant who is required to enter a plea to an indictment\nrefuses to do so or remains mute, the court must enter a plea of not\nguilty to the indictment in his behalf.\n  4. Where the permission of the court and the consent of the people are\na prerequisite to the entry of a plea of guilty, the court and the\nprosecutor must either orally on the record or in a writing filed with\nthe indictment state their reason for granting permission or consenting,\nas the case may be, to entry of the plea of guilty.\n  5. 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  6. Where the defendant consents to a plea of guilty to the indictment,\nor part of the indictment, or consents to be prosecuted by superior\ncourt information as set forth in section 195.20 of this chapter, and if\nthe defendant and prosecutor agree that as a condition of the plea or\nthe superior court information certain property shall be forfeited by\nthe defendant, the description and present estimated monetary value of\nthe property shall be stated in court by the prosecutor at the time of\nplea. Within thirty days of the acceptance of the plea or superior court\ninformation by the court, the prosecutor shall send to the commissioner\nof the division of criminal justice services a document containing the\nname of the defendant, the description and present estimated monetary\nvalue of the property, any other demographic data as required by the\ndivision of criminal justice services and the date the plea or superior\ncourt information was accepted. Any property forfeited by the defendant\nas a condition to a plea of guilty to an indictment, or a part thereof,\nor to a superior court information, shall be disposed of in accordance\nwith the provisions of section thirteen hundred forty-nine of the civil\npractice law and rules.\n  * 7. Prior to accepting a defendant's plea of guilty to a count or\ncounts of an indictment or a superior court information charging a\nfelony offense, the court must advise the defendant on the record, that\nif the defendant is not a citizen of the United States, the defendant's\nplea of guilty and the court's acceptance thereof may result in the\ndefendant's deportation, exclusion from admission to the United States\nor denial of naturalization pursuant to the laws of the United States.\nWhere the plea of guilty is to a count or counts of an indictment\ncharging a felony offense other than a violent felony offense as defined\nin section 70.02 of the penal law or an A-I felony offense other than an\nA-I felony as defined in article two hundred twenty of the penal law,\nthe court must also, prior to accepting such plea, advise the defendant\nthat, if the defendant is not a citizen of the United States and is or\nbecomes the subject of a final order of deportation issued by the United\nStates Immigration and Naturalization Service, the defendant may be\nparoled to the custody of the Immigration and Naturalization Service for\ndeportation purposes at any time subsequent to the commencement of any\nindeterminate or determinate prison sentence imposed as a result of the\ndefendant's plea. The failure to advise the defendant pursuant to this\nsubdivision shall not be deemed to affect the voluntariness of a plea of\nguilty or the validity of a conviction, nor shall it afford a defendant\nany rights in a subsequent proceeding relating to such defendant's\ndeportation, exclusion or denial of naturalization.\n  * NB Repealed September 1, 2027\n  8. Prior to accepting a defendant's plea of guilty to a count or\ncounts of an indictment or a superior court information charging a\nfelony offense, the court must advise the defendant on the record that\nconviction will result in loss of the right to vote while the defendant\nis serving a felony sentence in a correctional facility and that the\nright to vote will be restored upon the defendant's release.\n