{"jurisdiction": "us-ny", "code": "cpl", "section": "220.60", "citation": "CPL § 220.60", "heading": "Plea; change of plea", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/220.60", "from_official_api": true, "plain_english": "- **1.** A defendant who pled **not guilty** may, **as of right**, withdraw it **any time before verdict** and plead **guilty to the entire indictment** (subject to § 220.10(5)). ★\n- **2.** With **permission + consent**, before verdict, he may withdraw not-guilty and enter a **partial guilty plea** or an **NRRMDD** plea.\n- **3. — ★.** **Before sentence**, the court **in its discretion** may let a defendant **withdraw a guilty or NRRMDD plea**; if so, the **entire indictment is restored** as it existed at the plea. ★\n- **4.** With a special information (§ 200.61/200.62) filed, a defendant may plead guilty **without admitting** the special-information allegations, triggering a hearing unless the People consent otherwise.\n\n---\n\n**★ Exam hits:**\n- **§ 220.10:** only four plea types (not guilty / guilty to all / guilty to lesser included / guilty to some counts) + NRRMDD; lesser-included & partial pleas need **court permission + People's consent**; **no first-degree-murder guilty plea** except LWOP-or-A-I deal.\n- **§ 220.10(5) floors:** class **A drug felony → floor class B**; class **B drug felony → floor class D** — plea can't go below the stated class.\n- **§ 220.15:** NRRMDD plea needs permission + consent, a full **open-court allocution**, and the court's **five on-the-record findings** (elements beyond a reasonable doubt; defense by a preponderance; capacity; knowing/voluntary; public interest); then **§ 330.20** governs.\n- **§ 220.20:** the expanded \"lesser included\" list is **for guilty pleas only, not for verdicts.**\n- **§ 220.30(2):** a plea to **part** of the indictment **disposes of the whole** indictment; can be conditioned to cover **other indictments** (other courts must send written consent).\n- **§ 220.35:** predicate-felony **§ 400.21 hearing** decides a contested misdemeanor plea and **binds for sentence.**\n- **§ 220.50:** plea entered **orally, in person** (non-felony by counsel with written authorization); mute defendant → court enters **not guilty**; mandatory **immigration**, **voting**, and (§ 220.51) **public-official pension** warnings — but a missed immigration warning doesn't void the plea.\n- **§ 220.60:** withdraw **not guilty → guilty to all** as of right before verdict; withdrawing a **guilty/NRRMDD** plea before sentence is **discretionary** and **restores the whole indictment.**\n\n\n---\n*Verbatim statute:* [[CPL - Article 220]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/220.60", "publisher": "Elyphived LLC"}