2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 220 - The Plea › 220.30 - Plea; Plea of Guilty to Part of Indictment; Plea Covering Other Indictments.

§ 220.30 Plea; plea of guilty to part of indictment; plea covering other
indictments.
1.  A  plea  of  guilty  not  embracing the entire indictment, entered
pursuant to the provisions  of  subdivision  four  or  five  of  section
220.10, is a "plea of guilty to part of the indictment."
2.  The  entry  and  acceptance  of  a  plea  of guilty to part of the
indictment constitutes a disposition of the entire indictment.
3. (a) (i) Except as provided in paragraph (b), or  in  paragraph  (c)
dealing with juvenile offenders, a plea of guilty, whether to the entire
indictment  or  to part of the indictment, may, with both the permission
of the court and the consent of the people, be entered and accepted upon
the condition that it constitutes a complete disposition of one or  more
other indictments against the defendant then pending.
(ii) If the other indictment or indictments are pending in a different
court  or  courts,  they shall not be disposed of under this subdivision
unless the other courts and the appropriate  prosecutors  also  transmit
their  written permission and consent as provided in subdivision four of
section 220.50 of this article; in such a case the court  in  which  the
plea  is  entered  shall  so  notify  the  other courts which, upon such
notice, shall dismiss the appropriate indictments pending therein.
(b) (i) A plea of guilty, whether to the entire indictment or to  part
of  the indictment for any crime other than a class A felony, may not be
accepted on the condition that it constitutes a complete disposition  of
one or more other indictments against the defendant wherein is charged a
class  A-I  felony as defined in article two hundred twenty of the penal
law or the attempt to commit any such class A-I felony, except  that  an
eligible  youth,  as  defined  in subdivision two of section 720.10, may
plea to a class B felony, upon consent of  the  district  attorney,  for
purposes of adjudication as a youthful offender.
(ii) Where it appears that the defendant has previously been subjected
to  a  predicate  felony  conviction  as  defined  in  paragraph  (b) of
subdivision (1) of section 70.06 of the penal law,  a  plea  of  guilty,
whether  to  the  entire indictment or to part of the indictment, of any
offense other than a felony may not be accepted on the condition that it
constitutes a complete disposition of  one  or  more  other  indictments
against  the defendant wherein is charged a felony, other than a class A
felony or a class B or class C violent  felony  offense  as  defined  in
subdivision one of section 70.02 of the penal law.
(iii)  A  plea  of guilty, whether to the entire indictment or part of
the indictment for any crime other than a class A felony or a class B or
class C violent felony offense as defined in subdivision one of  section
70.02  of  the  penal  law, may not be accepted on the condition that it
constitutes a complete disposition of  one  or  more  other  indictments
against  the  defendant  wherein is charged a class A felony, other than
those defined in article two hundred twenty of the penal law, or a class
B violent felony offense which is also an armed felony offense.
(iv) Except as provided in subparagraph (iii)  of  this  paragraph,  a
plea  of  guilty,  whether  to  the  entire  indictment  or  part of the
indictment, for any crime other than a class A felony or a class  B,  C,
or  D  violent  felony  offense as defined in subdivision one of section
70.02 of the penal law, may not be accepted on  the  condition  that  it
constitutes  a  complete  disposition  of  one or more other indictments
against the defendant wherein is charged a class B or  class  C  violent
felony  offense  as  defined  in subdivision one of section 70.02 of the
penal law,
(v) A plea of guilty, whether to the entire indictment or part of  the
indictment, for any crime other than a violent felony offense as defined
in  section 70.02 of the penal law, may not be accepted on the condition

that it  constitutes  a  complete  disposition  of  one  or  more  other
indictments against the defendant wherein is charged the class D violent
felony  offenses  of criminal possession of a weapon in the third degree
as  defined  in subdivision four, five, seven or eight of section 265.02
of the penal law; provided, however, a plea of guilty,  whether  to  the
entire indictment or part of the indictment, for the class A misdemeanor
of  criminal  possession  of a weapon in the fourth degree as defined in
subdivision one of section 265.01 of the penal law may  be  accepted  on
the  condition that it constitutes a complete disposition of one or more
other indictments against the defendant wherein is charged the  class  D
violent  felony  offense of criminal possession of a weapon in the third
degree as defined in subdivision four of section 265.02 of the penal law
when the defendant has not  been  previously  convicted  of  a  class  A
misdemeanor  defined  in  the  penal law in the five years preceding the
commission of the offense.
(vi) A plea of guilty, whether to the entire indictment or to part  of
the indictment for any crime other than a felony, may not be accepted on
the  condition that it constitutes a complete disposition of one or more
other indictments against the defendant wherein is  charged  a  class  B
felony  other  than  a  class  B  violent  felony  offense as defined in
subdivision one of section 70.02 of the penal law.
(vii) A defendant may not enter a plea  of  guilty  to  the  crime  of
murder  in  the  first  degree as defined in section 125.27 of the penal
law; provided, however, that a defendant may enter such a plea with both
the permission of the court and the  consent  of  the  people  when  the
agreed  upon  sentence  is  either life imprisonment without parole or a
term of imprisonment for the class A-I felony of  murder  in  the  first
degree other than a sentence of life imprisonment without parole.
(viii)  A  plea of guilty, whether to the entire indictment or to part
of the indictment for any crime other than a class A or class  B  felony
may  not  be  accepted  on  condition  that  it  constitutes  a complete
disposition of one or  more  other  indictments  against  the  defendant
wherein  is  charged  a class A-II felony defined in article two hundred
twenty of the penal law or the attempt to commit any such felony.
(ix) A plea of guilty, whether to the entire indictment or to part  of
the indictment for any crime other than a class B, a class C, or a class
D  felony,  may  not  be  accepted  on  condition  that it constitutes a
complete disposition of  one  or  more  other  indictments  against  the
defendant  wherein  is  charged  a class B felony defined in article two
hundred twenty of the penal law.
(c) Where the defendant is a juvenile  offender,  a  plea  of  guilty,
whether  to  the  entire indictment or to part of the indictment, of any
offense other than one for which the defendant is criminally responsible
may not be accepted on the condition  that  it  constitutes  a  complete
disposition of one or more other indictments against the defendant.