Assembly Bill A7047

2015-2016 Legislative Session

Relates to a plea of guilty

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Archive: Last Bill Status - On Floor Calendar

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A7047 (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§220.10 & 220.30, CP L
Versions Introduced in 2013-2014 Legislative Session:
A7624

2015-A7047 (ACTIVE) - Summary

Relates to a plea of guilty.

2015-A7047 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7047

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 21, 2015
                               ___________

Introduced  by  M. of A. O'DONNELL -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation  to  a  plea  of
  guilty

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 5 of section 220.10 of the  criminal  procedure
law is amended by adding a new paragraph (i) to read as follows:
  (I) A DEFENDANT, WITH BOTH THE PERMISSION OF THE COURT AND THE CONSENT
OF THE PEOPLE, MAY ENTER A PLEA OF GUILTY AS AUTHORIZED BY THIS SECTION,
NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A), (B), (C), (D), (F) AND
(H)  OF  THIS  SUBDIVISION,  WHEN  UPON REVIEW OF THE NATURE AND CIRCUM-
STANCES OF THE CRIMINAL CONDUCT, THE AVAILABLE EVIDENCE AND THE  HISTORY
AND  CHARACTER OF THE DEFENDANT, THE PROSECUTOR AND THE COURT ARE OF THE
OPINION THAT THE PLEA  IS  IN  THE  INTEREST  OF  JUSTICE.  THE  FACTORS
WARRANTING  THE PLEA SHALL BE PLACED ON THE RECORD; HOWEVER, THE FAILURE
TO DO SO SHALL NOT ENTITLE THE DEFENDANT TO HAVE THE PLEA OF GUILTY  SET
ASIDE.
  S  2. Paragraph (b) of subdivision 3 of section 220.30 of the criminal
procedure law is amended by adding a new subparagraph  (x)  to  read  as
follows:
  (X) A DEFENDANT, WITH BOTH THE PERMISSION OF THE COURT AND THE CONSENT
OF THE PEOPLE, MAY ENTER A PLEA OF GUILTY AS AUTHORIZED BY THIS SECTION,
NOTWITHSTANDING  THE PROVISIONS OF SUBPARAGRAPHS (I), (II), (III), (IV),
(V), (VI), (VII) AND (IX) OF THIS PARAGRAPH, WHEN  UPON  REVIEW  OF  THE
NATURE AND CIRCUMSTANCES OF THE CRIMINAL CONDUCT, THE AVAILABLE EVIDENCE
AND  THE  HISTORY AND CHARACTER OF THE DEFENDANT, THE PROSECUTOR AND THE
COURT ARE OF THE OPINION THAT THE PLEA IS IN THE  INTEREST  OF  JUSTICE.
THE  FACTORS WARRANTING THE PLEA SHALL BE PLACED ON THE RECORD; HOWEVER,
THE FAILURE TO DO SO SHALL NOT ENTITLE THE DEFENDANT TO HAVE THE PLEA OF
GUILTY SET ASIDE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08694-01-5

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