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 › 220.10 - Plea; Kinds of Pleas.

§ 220.10 Plea; kinds of pleas.
The  only  kinds  of  pleas  which may be entered to an indictment are
those specified in this section:
1. The defendant may as a matter of right enter a plea of "not guilty"
to the indictment.
2. Except as provided in subdivision five,  the  defendant  may  as  a
matter of right enter a plea of "guilty" to the entire indictment.
3.  Except  as  provided  in  subdivision  five,  where the indictment
charges but one crime, the defendant may, with both  the  permission  of
the  court  and  the  consent of the people, enter a plea of guilty of a
lesser included offense.
4. Except as  provided  in  subdivision  five,  where  the  indictment
charges two or more offenses in separate counts, the defendant may, with
both  the permission of the court and the consent of the people, enter a
plea of:
(a) Guilty of one or more but not all of the offenses charged; or
(b) Guilty of a lesser included offense with respect to any or all  of
the offenses charged; or
(c)  Guilty of any combination of offenses charged and lesser offenses
included within other offenses charged.
5. (a) (i) Where the indictment charges one of the  class  A  felonies
defined in article two hundred twenty of the penal law or the attempt to
commit any such class A felony, then any plea of guilty entered pursuant
to  subdivision three or four of this section must be or must include at
least a plea of guilty of a class B felony.
(iii) Where the indictment charges one of the class B felonies defined
in article two hundred twenty of the penal law then any plea  of  guilty
entered pursuant to subdivision three or four must be or must include at
least a plea of guilty of a class D felony.
(b)  Where  the  indictment  charges  any class B felony, other than a
class B felony defined in article two hundred twenty of the penal law or
a class B violent felony  offense  as  defined  in  subdivision  one  of
section 70.02 of the penal law, then any plea of guilty entered pursuant
to  subdivision three or four must be or must include at least a plea of
guilty of a felony.
(c) Where the indictment charges a felony, other than a class A felony
or class B felony defined in article two hundred twenty of the penal law
or class B or class C violent felony offense as defined  in  subdivision
one of section 70.02 of the penal law, and it appears that the defendant
has  previously  been  subjected  to  a  predicate  felony conviction as
defined in penal law section 70.06  then  any  plea  of  guilty  entered
pursuant to subdivision three or four must be or must include at least a
plea of guilty of a felony.
(d)  Where  the  indictment charges a class A felony, other than those
defined in article two hundred twenty of the penal  law,  or  charges  a
class  B or class C violent felony offense as defined in subdivision one
of section 70.02 of the  penal  law,  then  a  plea  of  guilty  entered
pursuant to subdivision three or four must be as follows:
(i) Where the indictment charges a class A felony offense or a class B
violent felony offense which is also an armed felony offense then a plea
of  guilty  must  include at least a plea of guilty to a class C violent
felony offense;
(ii) Except as provided in subparagraph (i) of this  paragraph,  where
the  indictment  charges  a  class B violent felony offense or a class C
violent felony offense, then a plea of guilty must include  at  least  a
plea of guilty to a class D violent felony offense;
(iii)  Where the indictment charges 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, and 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,
then  a  plea  of  guilty  must  be either to the class E violent felony
offense of attempted criminal possession of a weapon in the third degree
or to 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;
(iv) Where the indictment charges the class D violent felony  offenses
of  criminal  possession  of  a weapon in the third degree as defined in
subdivision four of section 265.02 of the penal law and  the  provisions
of  subparagraph  (iii)  of  this paragraph do not apply, or subdivision
five, seven or eight of section 265.02 of the penal law, then a plea  of
guilty  must  include  at  least  a  plea of guilty to a class E violent
felony offense.
(e) 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.
(f) The provisions of this subdivision  shall  apply  irrespective  of
whether  the  defendant  is  thereby  precluded  from entering a plea of
guilty of any lesser included offense.
(g) Where the defendant is a  juvenile  offender,  the  provisions  of
paragraphs (a), (b), (c) and (d) of this subdivision shall not apply and
any  plea entered pursuant to subdivision three or four of this section,
must be as follows:
(i) If the indictment charges a person fourteen or fifteen  years  old
with the crime of murder in the second degree any plea of guilty entered
pursuant  to  subdivision  three  or  four must be a plea of guilty of a
crime for which the defendant is criminally responsible;
(ii)  If  the  indictment  does  not  charge  a  crime  specified   in
subparagraph  (i)  of  this  paragraph,  then any plea of guilty entered
pursuant to subdivision three or four of this section must be a plea  of
guilty  of  a  crime  for  which the defendant is criminally responsible
unless a plea of guilty is accepted pursuant to  subparagraph  (iii)  of
this paragraph;
* (iii)  Where  the  indictment  does  not charge a crime specified in
subparagraph (i) of this paragraph, the district attorney may  recommend
removal   of   the   action  to  the  family  court.  Upon  making  such
recommendation  the  district  attorney  shall   submit   a   subscribed
memorandum  setting  forth:  (1)  a recommendation that the interests of
justice would best be served by removal of  the  action  to  the  family
court;  and  (2)  if the indictment charges a thirteen year old with the
crime of murder in the second degree, or a fourteen or fifteen year  old
with  the  crimes  of rape in the first degree as defined in subdivision
one of section 130.35 of the penal law, or criminal sexual  act  in  the
first  degree  as  defined  in  subdivision one of section 130.50 of the
penal law, or an armed felony as defined in paragraph (a) of subdivision
forty-one of section 1.20 of this chapter specific factors, one or  more
of which reasonably supports the recommendation, showing, (i) mitigating
circumstances  that bear directly upon the manner in which the crime was
committed, or (ii) where the defendant was not the sole  participant  in
the  crime,  that  the  defendant's  participation  was relatively minor
although not so minor as to constitute a defense to the prosecution,  or
(iii)  possible  deficiencies  in  proof of the crime, or (iv) where the

juvenile offender has no previous adjudications of  having  committed  a
designated  felony act, as defined in subdivision eight of section 301.2
of the family court act, regardless of the age of the  offender  at  the
time  of  commission of the act, that the criminal act was not part of a
pattern of criminal  behavior  and,  in  view  of  the  history  of  the
offender, is not likely to be repeated.
* NB Effective until September 1, 2024
* (iii)  Where  the  indictment  does  not charge a crime specified in
subparagraph (i) of this paragraph, the district attorney may  recommend
removal   of   the   action  to  the  family  court.  Upon  making  such
recommendation  the  district  attorney  shall   submit   a   subscribed
memorandum  setting  forth:  (1)  a recommendation that the interests of
justice would best be served by removal of  the  action  to  the  family
court;  and  (2)  if the indictment charges a thirteen year old with the
crime of murder in the second degree, or a fourteen or fifteen year  old
with  the crimes of rape in the first degree as defined in paragraph (a)
of subdivision one, paragraph (a) of subdivision two and  paragraph  (a)
of  subdivision  three  of  section 130.35 of the penal law, rape in the
first degree as formerly defined in subdivision one of section 130.35 of
the penal law, a crime formerly defined in subdivision  one  of  section
130.50  of the penal law, or an armed felony as defined in paragraph (a)
of subdivision forty-one  of  section  1.20  of  this  chapter  specific
factors,  one  or  more of which reasonably supports the recommendation,
showing, (i) mitigating circumstances that bear directly upon the manner
in which the crime was committed, or (ii) where the  defendant  was  not
the  sole  participant  in the crime, that the defendant's participation
was relatively minor although not so minor as to constitute a defense to
the prosecution, or (iii) possible deficiencies in proof of  the  crime,
or  (iv)  where  the  juvenile offender has no previous adjudications of
having committed a designated felony  act,  as  defined  in  subdivision
eight of section 301.2 of the family court act, regardless of the age of
the offender at the time of commission of the act, that the criminal act
was  not  part  of  a  pattern  of criminal behavior and, in view of the
history of the offender, is not likely to be repeated.
* NB Effective September 1, 2024
If the court is of the opinion based on specific factors set forth  in
the  district  attorney's memorandum that the interests of justice would
best be served by removal of the action to the family court, a  plea  of
guilty  of  a  crime  or  act  for which the defendant is not criminally
responsible may be entered pursuant to subdivision three or four of this
section, except that a thirteen year  old  charged  with  the  crime  of
murder  in  the second degree may only plead to a designated felony act,
as defined in subdivision eight of section 301.2  of  the  family  court
act.
Upon  accepting  any such plea, the court must specify upon the record
the portion or portions of the district attorney's statement  the  court
is  relying  upon  as  the basis of its opinion and that it believes the
interests of justice would best be served by removal of  the  proceeding
to  the  family  court.  Such plea shall then be deemed to be a juvenile
delinquency fact determination and the court  upon  entry  thereof  must
direct that the action be removed to the family court in accordance with
the provisions of article seven hundred twenty-five of this chapter.
(g-1)  Where  a defendant is an adolescent offender, the provisions of
paragraphs (a), (b), (c) and (d) of this subdivision  shall  not  apply.
Where  the  plea  is  to an offense constituting a misdemeanor, the plea
shall be deemed replaced by an  order  of  fact-finding  in  a  juvenile
delinquency  proceeding,  pursuant  to section 346.1 of the family court
act, and the action shall be removed to the family court  in  accordance

with  article  seven hundred twenty-five of this chapter. Where the plea
is to an offense constituting a felony, the court may remove the  action
to  the family court in accordance with section 722.23 and article seven
hundred twenty-five of this chapter.
(h)  Where  the  indictment  charges  the  class  E  felony offense of
aggravated harassment of an employee by an  incarcerated  individual  as
defined  in  section 240.32 of the penal law, then a plea of guilty must
include at least a plea of guilty to a class E felony.
6. 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 indictment in the manner  prescribed  in
section 220.15 of this chapter.