§ 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.

* NB Effective until September 1, 2024

* (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 paragraph (a)
of subdivision one, paragraph (a) of subdivision two and paragraph (a)
of subdivision three of section 130.35 of the penal law, rape in the
first degree as formerly defined in subdivision one of section 130.35 of
the penal law, a crime formerly 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.

* NB Effective September 1, 2024

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.

(g-1) Where a defendant is an adolescent offender, the provisions of
paragraphs (a), (b), (c) and (d) of this subdivision shall not apply.
Where the plea is to an offense constituting a misdemeanor, the plea
shall be deemed replaced by an order of fact-finding in a juvenile
delinquency proceeding, pursuant to section 346.1 of the family court
act, and the action shall be removed to the family court in accordance
with article seven hundred twenty-five of this chapter. Where the plea
is to an offense constituting a felony, the court may remove the action
to the family court in accordance with section 722.23 and 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 incarcerated individual 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.