STATE OF NEW YORK ________________________________________________________________________ 7441 2017-2018 Regular Sessions IN ASSEMBLY April 25, 2017 ___________ Introduced by M. of A. O'DONNELL -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to a plea of guilty The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 5 of section 220.10 of the criminal procedure 2 law is amended by adding a new paragraph (i) to read as follows: 3 (i) A defendant, with both the permission of the court and the consent 4 of the people, may enter a plea of guilty as authorized by this section, 5 notwithstanding the provisions of paragraphs (a), (b), (c), (d), (f) and 6 (h) of this subdivision, when upon review of the nature and circum- 7 stances of the criminal conduct, the available evidence and the history 8 and character of the defendant, the prosecutor and the court are of the 9 opinion that the plea is in the interest of justice. The factors 10 warranting the plea shall be placed on the record; however, the failure 11 to do so shall not entitle the defendant to have the plea of guilty set 12 aside. 13 § 2. Paragraph (b) of subdivision 3 of section 220.30 of the criminal 14 procedure law is amended by adding a new subparagraph (x) to read as 15 follows: 16 (x) A defendant, with both the permission of the court and the consent 17 of the people, may enter a plea of guilty as authorized by this section, 18 notwithstanding the provisions of subparagraphs (i), (ii), (iii), (iv), 19 (v), (vi), (vii) and (ix) of this paragraph, when upon review of the 20 nature and circumstances of the criminal conduct, the available evidence 21 and the history and character of the defendant, the prosecutor and the 22 court are of the opinion that the plea is in the interest of justice. 23 The factors warranting the plea shall be placed on the record; however, 24 the failure to do so shall not entitle the defendant to have the plea of 25 guilty set aside. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08682-01-7

A. 7441 2 1 § 3. This act shall take effect immediately.

Relates to a plea of guilty

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