(a) The nature of the charge to which the plea is offered, and the
consequences of such plea;
(b) That he has the right to plead not guilty or to persist in that
plea if it has already been entered;
(c) That he has the right to be tried by a jury, the right to the
assistance of counsel, the right to confront and cross-examine witnesses
against him, and the right not to be compelled to incriminate himself;
(d) That if he pleads not responsible by reason of mental disease or
defect there will be no trial with respect to the charges contained in
the indictment, so that by offering such plea he waives the right to
such trial;
(e) That if he pleads not responsible by reason of mental disease or
defect the court will ask him questions about the offense or offenses
charged in the indictment and that he will thereby waive his right not
to be compelled to incriminate himself; and
(f) That the acceptance of a plea of not responsible by reason of
mental disease or defect is the equivalent of a verdict of not
responsible by reason of mental disease or defect after trial.
4. The court shall not accept a plea of not responsible by reason of
mental disease or defect without first determining that there is a
factual basis for such plea. The court must address the defendant
personally in open court and determine that the plea is voluntary,
knowingly made, and not the result of force, threats, or promises. The
court must inquire whether the defendant's willingness to plead results
from prior discussions between the district attorney and counsel for the
defendant. The court must be satisfied that the defendant understands
the proceedings against him, has sufficient capacity to assist in his
own defense and understands the consequences of a plea of not
responsible by reason of mental disease or defect. The court may make
such inquiry as it deems necessary or appropriate for the purpose of
making the determinations required by this section.
5. Before accepting a plea of not responsible by reason of mental
disease or defect, the court must find and state each of the following
on the record in detail and not in conclusory terms:
(a) That it is satisfied that each element of the offense or offenses
charged in the indictment would be established beyond a reasonable doubt
at a trial;
(b) That the affirmative defense of lack of criminal responsibility
by reason of mental disease or defect would be proven by the defendant
at a trial by a preponderance of the evidence;
(c) That the defendant has the capacity to understand the proceedings
against him and to assist in his own defense;
(d) That such plea by the defendant is knowingly and voluntarily made
and that there is a factual basis for the plea;
(e) That the acceptance of such plea is required in the interest of
the public in the effective administration of justice.
6. When a plea of not responsible by reason of mental disease or
defect is accepted by the court and recorded upon the minutes, the
provisions of section 330.20 of this chapter shall govern all subsequent
proceedings against the defendant.
Structure New York Laws
Part 2 - The Principal Proceedings
Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence
220.10 - Plea; Kinds of Pleas.
220.15 - Plea; Plea of Not Responsible by Reason of Mental Disease or Defect.
220.20 - Plea; Meaning of Lesser Included Offense for Plea Purposes.
220.30 - Plea; Plea of Guilty to Part of Indictment; Plea Covering Other Indictments.
220.35 - Hearing on Predicate Felony Conviction.
220.40 - Plea; Plea of Not Guilty; Meaning.
220.51 - Notice Before Entry of Plea or Trial Involving a Public Official.