Section 220.60. Plea; change of plea


Latest version.
  • 1.  A  defendant who has entered a plea of not guilty to an indictment
      may as a matter of right withdraw such plea at any time before rendition
      of a verdict and enter  a  plea  of  guilty  to  the  entire  indictment
      pursuant   to   subdivision  two,  but  subject  to  the  limitation  in
      subdivision five of section 220.10.
        2. A defendant who has entered a plea of not guilty to  an  indictment
      may,  with  both  the  permission  of  the  court and the consent of the
      people, withdraw such plea at any time before the rendition of a verdict
      and enter: (a) a plea of guilty to part of the  indictment  pursuant  to
      subdivision  three  or four but subject to the limitation in subdivision
      five of section 220.10, or (b) a plea of not responsible  by  reason  of
      mental disease or defect to the indictment pursuant to section 220.15 of
      this chapter.
        3.  At  any  time  before the imposition of sentence, the court in its
      discretion may permit a defendant who has entered a plea  of  guilty  to
      the  entire  indictment  or  to part of the indictment, or a plea of not
      responsible by reason of mental disease  or  defect,  to  withdraw  such
      plea, and in such event the entire indictment, as it existed at the time
      of such plea, is restored.
        4.  When  a  special  information  has  been filed pursuant to section
      200.61 or 200.62 of this chapter, a defendant may enter a plea of guilty
      to  the  count  or  counts  of  the  indictment  to  which  the  special
      information  applies  without  admitting  the allegations of the special
      information. Whenever a defendant enters a plea of guilty to  the  count
      or  counts  of  the  indictment to which the special information applies
      without admitting the allegations of the special information, the  court
      must,  unless  the  people  consent  otherwise,  conduct  a  hearing  in
      accordance with paragraph (b) of subdivision two of  section  200.62  or
      paragraph  (b)  of  subdivision three of section 200.61 of this chapter,
      whichever is applicable.