Section 220.30. Plea; plea of guilty to part of indictment; plea covering other indictments  


Latest version.
  • 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.