CPL 220 Flashcards
The entry and acceptance of a plea of guilty to part of an indictment constitutes disposition of the entire indictment.
T / F
True
The entry and acceptance of a plea of guilty to part of the indictment constitutes a disposition of the entire indictment.
CPL 220.30.2
All pleas to an indictment MUST be entered orally.
T / F
False
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.
CPL 220.50.1
A defendant MAY in certain cases plead guilty to murder in the first degree.
T / F
True
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 the 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.
CPL 220.10.5(e)
A plea of not responsible by reason of mental disease or defect must be with the permission of ______________.
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 entire indictment.
CPL 220.15.1
A plea by a corporation MUST be entered by _____________.
A plea to an indictment against a corporation MUST be entered by counsel.
CPL220.50.2
If a defendant refuses to enter a plea, a plea of __________ MUST be entered by the court.
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.
220.50.3
In certain cases the district attorney MAY recommend removal to the family court. Upon accepting such a plea, such a plea SHALL BE deemed to be ____________.
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.
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.
CPL 220.10.5(g) and 220.10.5(g)(iii)
VJC: (and when it arrives in family court the matter will then proceed as if the fact-finding had already taken place and will now go to disposition)
If the indictment charges a class A felony defined in PL 220 - controlled substance or the attempt thereof - the guilty plea is at least
A class B felony
CPL 220.10
If the indictment charges any other class A felony, the guilty plea is at least
A class C violent felony
CPL 220.10
If the indictment charges a class B armed violent felony, the guilty plea is at least
A class C violent felony
CPL 220.10
If the indictment charges a class B violent felony, the guilty plea is at least
A class D violent felony
CPL 220.10
If the indictment charges a class B felony defined in PL 220 - controlled substance or the attempt thereof - the guilty plea is at least
A class D felony
CPL 220.10
If the indictment charges any other class B felony, the guilty plea is at least
A felony
CPL 220.10
