§ 220.30 Plea; plea of guilty to part of indictment; plea covering
other indictments.
1. A plea of guilty not embracing the entire indictment, entered
pursuant to the provisions of subdivision four or five of section
220.10, is a "plea of guilty to part of the indictment."
2. The entry and acceptance of a plea of guilty to part of the
indictment constitutes a disposition of the entire indictment.
3. (a) (i) Except as provided in paragraph (b), or in paragraph (c)
dealing with juvenile offenders, a plea of guilty, whether to the entire
indictment or to part of the indictment, may, with both the permission
of the court and the consent of the people, be entered and accepted upon
the condition that it constitutes a complete disposition of one or more
other indictments against the defendant then pending.
(ii) If the other indictment or indictments are pending in a
different court or courts, they shall not be disposed of under this
subdivision unless the other courts and the appropriate prosecutors also
transmit their written permission and consent as provided in subdivision
four of section 220.50 of this article; in such a case the court in
which the plea is entered shall so notify the other courts which, upon
such notice, shall dismiss the appropriate indictments pending therein.
(b) (i) A plea of guilty, whether to the entire indictment or to
part of the indictment for any crime other than a class A felony, may
not be accepted on the condition that it constitutes a complete
disposition of one or more other indictments against the defendant
wherein is charged a class A-I felony as defined in article two hundred
twenty of the penal law or the attempt to commit any such class A-I
felony, except that an eligible youth, as defined in subdivision two of
section 720.10, may plea to a class B felony, upon consent of the
district attorney, for purposes of adjudication as a youthful offender.
(ii) Where it appears that the defendant has previously been
subjected to a predicate felony conviction as defined in paragraph (b)
of subdivision (1) of section 70.06 of the penal law, a plea of guilty,
whether to the entire indictment or to part of the indictment, of any
offense other than a felony may not be accepted on the condition that it
constitutes a complete disposition of one or more other indictments
against the defendant wherein is charged a felony, other than a class A
felony or a class B or class C violent felony offense as defined in
subdivision one of section 70.02 of the penal law.
(iii) A plea of guilty, whether to the entire indictment or part of
the indictment for any crime other than a class A felony or a class B or
class C violent felony offense as defined in subdivision one of section
70.02 of the penal law, may not be accepted on the condition that it
constitutes a complete disposition of one or more other indictments
against the defendant wherein is charged a class A felony, other than
those defined in article two hundred twenty of the penal law, or a class
B violent felony offense which is also an armed felony offense.
(iv) Except as provided in subparagraph (iii) of this paragraph, a
plea of guilty, whether to the entire indictment or part of the
indictment, for any crime other than a class A felony or a class B, C,
or D violent felony offense as defined in subdivision one of section
70.02 of the penal law, may not be accepted on the condition that it
constitutes a complete disposition of one or more other indictments
against the defendant wherein is charged a class B or class C violent
felony offense as defined in subdivision one of section 70.02 of the
penal law,
(v) A plea of guilty, whether to the entire indictment or part of the
indictment, for any crime other than a violent felony offense as defined
in section 70.02 of the penal law, may not be accepted on the condition
that it constitutes a complete disposition of one or more other indict-
ments against the defendant wherein is charged the class D violent felo-
ny offenses of criminal possession of a weapon in the third degree as
defined in subdivision four [or], five, SEVEN OR EIGHT of section 265.02
of the penal law; provided, however, a plea of guilty, whether to the
entire indictment or part of the indictment, for 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 may be accepted on
the condition that it constitutes a complete disposition of one or more
other indictments against the defendant wherein is charged 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
when the defendant has not been previously convicted of a class A misde-
meanor defined in the penal law in the five years preceding the commis-
sion of the offense.
(vi) A plea of guilty, whether to the entire indictment or to part of
the indictment for any crime other than a felony, may not be accepted on
the condition that it constitutes a complete disposition of one or more
other indictments against the defendant wherein is charged a class B
felony other than a class B violent felony offense as defined in
subdivision one of section 70.02 of the penal law.
(vii) 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.
(viii) A plea of guilty, whether to the entire indictment or to part
of the indictment for any crime other than a class A or class B felony
may not be accepted on condition that it constitutes a complete
disposition of one or more other indictments against the defendant
wherein is charged a class A-II felony defined in article two hundred
twenty of the penal law or the attempt to commit any such felony.
(ix) A plea of guilty, whether to the entire indictment or to part of
the indictment for any crime other than a class B, a class C, or a class
D felony, may not be accepted on condition that it constitutes a
complete disposition of one or more other indictments against the
defendant wherein is charged a class B felony defined in article two
hundred twenty of the penal law.
(c) Where the defendant is a juvenile offender, a plea of guilty,
whether to the entire indictment or to part of the indictment, of any
offense other than one for which the defendant is criminally responsible
may not be accepted on the condition that it constitutes a complete
disposition of one or more other indictments against the defendant.
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