2010 New York Code
CPL - Criminal Procedure
Part 2 - THE PRINCIPAL PROCEEDINGS
Title J - PROSECUTION OF INDICTMENTS IN SUPERIOR COURTS--PLEA TO SENTENCE
Article 220 - (220.10 - 220.60) 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.
    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.
    (h) Where the  indictment  charges  the  class  E  felony  offense  of
  aggravated  harassment of an employee by an inmate 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.