Section 220.50. Plea; entry of plea  


Latest version.
  • 1. A plea to an indictment, other than one against a corporation, must
      be  entered  orally by the defendant in person; except that a plea to an
      indictment which does not charge a felony may, with  the  permission  of
      the  court,  be  entered  by  counsel  upon submission by him of written
      authorization of the defendant.
        2. A plea to an indictment against a corporation must  be  entered  by
      counsel.
        3.  If  a  defendant  who is required to enter a plea to an indictment
      refuses to do so or remains mute, the court must enter  a  plea  of  not
      guilty to the indictment in his behalf.
        4. Where the permission of the court and the consent of the people are
      a  prerequisite  to  the  entry  of  a plea of guilty, the court and the
      prosecutor must either orally on the record or in a writing  filed  with
      the indictment state their reason for granting permission or consenting,
      as the case may be, to entry of the plea of guilty.
        5. When a sentence is agreed upon by the prosecutor and a defendant as
      a  predicate  to  entry of a plea of guilty, the court or the prosecutor
      must orally on the record, or in writing filed with the court, state the
      sentence agreed upon as a condition of such plea.
        6. Where the defendant consents to a plea of guilty to the indictment,
      or part of the indictment, or consents  to  be  prosecuted  by  superior
      court information as set forth in section 195.20 of this chapter, and if
      the  defendant  and  prosecutor agree that as a condition of the plea or
      the superior court information certain property shall  be  forfeited  by
      the  defendant,  the description and present estimated monetary value of
      the property shall be stated in court by the prosecutor at the  time  of
      plea. Within thirty days of the acceptance of the plea or superior court
      information  by the court, the prosecutor shall send to the commissioner
      of the division of criminal justice services a document  containing  the
      name  of  the  defendant, the description and present estimated monetary
      value of  the  property,  and  the  date  the  plea  or  superior  court
      information  was  accepted. Any property forfeited by the defendant as a
      condition to a plea of guilty to an indictment, or a part thereof, or to
      a superior court information, shall be disposed of  in  accordance  with
      the  provisions  of  section  thirteen  hundred  forty-nine of the civil
      practice law and rules.
        * 7. Prior to accepting a defendant's plea of guilty  to  a  count  or
      counts  of  an  indictment  or  a  superior court information charging a
      felony offense, the court must advise the defendant on the record,  that
      if  the defendant is not a citizen of the United States, the defendant's
      plea of guilty and the court's acceptance  thereof  may  result  in  the
      defendant's  deportation,  exclusion from admission to the United States
      or denial of naturalization pursuant to the laws of the  United  States.
      Where  the  plea  of  guilty  is  to  a count or counts of an indictment
      charging a felony offense other than a violent felony offense as defined
      in section 70.02 of the penal law or an A-I felony offense other than an
      A-I felony as defined in article two hundred twenty of  the  penal  law,
      the  court must also, prior to accepting such plea, advise the defendant
      that, if the defendant is not a citizen of the United States and  is  or
      becomes the subject of a final order of deportation issued by the United
      States  Immigration  and  Naturalization  Service,  the defendant may be
      paroled to the custody of the Immigration and Naturalization Service for
      deportation purposes at any time subsequent to the commencement  of  any
      indeterminate  or determinate prison sentence imposed as a result of the
      defendant's plea. The failure to advise the defendant pursuant  to  this
      subdivision shall not be deemed to affect the voluntariness of a plea of
      guilty  or the validity of a conviction, nor shall it afford a defendant
    
      any rights in a  subsequent  proceeding  relating  to  such  defendant's
      deportation, exclusion or denial of naturalization.
        * NB Repealed September 1, 2011