§ 220.50 Plea; entry of plea.

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, any other demographic data as required by the
division of criminal justice services 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, 2025

8. 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
conviction will result in loss of the right to vote while the defendant
is serving a felony sentence in a correctional facility and that the
right to vote will be restored upon the defendant's release.