Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 220.60
Plea; change of plea
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 220
§ 220.60 Plea; change of plea.

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.