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 › 220.15 - Plea; Plea of Not Responsible by Reason of Mental Disease or Defect.

§  220.15  Plea;  plea of not responsible by reason of mental disease or
defect.
1. The defendant may, with both the permission of the  court  and  the
consent  of  the  people,  enter  a plea of not responsible by reason of
mental disease or defect to the entire indictment. The district attorney
must state to the court either orally on the  record  or  in  a  writing
filed  with  the court that the people consent to the entry of such plea
and that the people are satisfied that the affirmative defense  of  lack
of  criminal  responsibility by reason of mental disease or defect would
be proven by the  defendant  at  a  trial  by  a  preponderance  of  the
evidence.      The  district attorney must further state to the court in
detail the evidence available to the people with respect to the  offense
or  offenses  charged  in  the  indictment,  including  all  psychiatric
evidence available or known to the people.  If necessary, the court  may
conduct  a  hearing  before accepting such plea.   The district attorney
must further state to the court the reasons for recommending such  plea.
The reasons shall be stated in detail and not in conclusory terms.
2.  Counsel for the defendant must state that in his opinion defendant
has  the capacity to understand the proceedings and to assist in his own
defense and that the defendant understands the consequences of a plea of
not responsible by reason of mental disease or defect.  Counsel for  the
defendant  must  further  state whether in his opinion defendant has any
viable defense to the offense or  offenses  charged  in  the  indictment
other than the affirmative defense of lack of criminal responsibility by
reason  of  mental  disease or defect.    Counsel for the defendant must
further state in  detail  the  psychiatric  evidence  available  to  the
defendant with respect to such latter affirmative defense.
3.    Before  accepting  a plea of not responsible by reason of mental
disease or defect, the court must address the defendant  in  open  court
and determine that he understands each of the following:
(a)    The  nature of the charge to which the plea is offered, and the
consequences of such plea;
(b)  That he has the right to plead not guilty or to persist  in  that
plea if it has already been entered;
(c)    That  he  has the right to be tried by a jury, the right to the
assistance of counsel, the right to confront and cross-examine witnesses
against him, and the right not to be compelled to incriminate himself;
(d)  That if he pleads not responsible by reason of mental disease  or
defect  there  will be no trial with respect to the charges contained in
the indictment, so that by offering such plea he  waives  the  right  to
such trial;
(e)   That if he pleads not responsible by reason of mental disease or
defect the court will ask him questions about the  offense  or  offenses
charged  in  the indictment and that he will thereby waive his right not
to be compelled to incriminate himself; and
(f)  That the acceptance of a plea of not  responsible  by  reason  of
mental  disease  or  defect  is  the  equivalent  of  a  verdict  of not
responsible by reason of mental disease or defect after trial.
4.  The court shall not accept a plea of not responsible by reason  of
mental  disease  or  defect  without  first  determining that there is a
factual basis for such plea.   The  court  must  address  the  defendant
personally  in  open  court  and  determine  that the plea is voluntary,
knowingly made, and not the result of force, threats, or promises.   The
court  must inquire whether the defendant's willingness to plead results
from prior discussions between the district attorney and counsel for the
defendant.  The court must be satisfied that the  defendant  understands
the  proceedings  against  him, has sufficient capacity to assist in his
own  defense  and  understands  the  consequences  of  a  plea  of   not

responsible  by  reason of mental disease or defect.  The court may make
such inquiry as it deems necessary or appropriate  for  the  purpose  of
making the determinations required by this section.
5.    Before  accepting  a plea of not responsible by reason of mental
disease or defect, the court must find and state each of  the  following
on the record in detail and not in conclusory terms:
(a)  That it is satisfied that each element of the offense or offenses
charged in the indictment would be established beyond a reasonable doubt
at a trial;
(b)    That the affirmative defense of lack of criminal responsibility
by reason of mental disease or defect would be proven by  the  defendant
at a trial by a preponderance of the evidence;
(c)  That the defendant has the capacity to understand the proceedings
against him and to assist in his own defense;
(d)  That such plea by the defendant is knowingly and voluntarily made
and that there is a factual basis for the plea;
(e)    That the acceptance of such plea is required in the interest of
the public in the effective administration of justice.
6.  When a plea of not responsible by  reason  of  mental  disease  or
defect  is  accepted  by  the  court  and recorded upon the minutes, the
provisions of section 330.20 of this chapter shall govern all subsequent
proceedings against the defendant.