N.Y. Laws » CHAPTER Criminal Procedure / PART The Principal Proceedings / TITLE Prosecution of Indictments In Superior Courts--plea to Sentence / ARTICLE The Plea
New York Consolidated Laws

N.Y. Criminal Procedure Law § 220.60 (2026)

Plea; change of plea

✓ current as of May 2026
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§ 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.
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1978–2021 · leading case: People v. Tinort, 5 Misc. 3d 238 (N.Y. Sup. Ct. 2004).
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People v. Tinort, 5 Misc. 3d 238 (N.Y. Sup. Ct. 2004). “1 The defendant has filed the instant motion pursuant to Criminal Procedure Law § 220.60 to withdraw his plea on the grounds that defense counsel and the court failed to advise him of the consequences his guilty plea would have on his parole status.”
People v. Swain, 2021 NY Slip Op 01430 (N.Y. App. Div. 2021). “Criminal Procedure Law § 220.60(3) provides that, after a defendant pleads guilty, "[a]t any time before the imposition of sentence, the court in its discretion may permit [the] defendant.”
Williams v. Smith, 454 F. Supp. 692 (W.D.N.Y. 1978). “No effort was made by counsel to withdraw the guilty plea pursuant to former Criminal Procedure Law § 220.60(4). There is no mention of dissatisfaction or objection in either petitioner’s or his' counsel’s correspondence with Justice Marshall.”
People v. Rodriguez, 45 Misc. 3d 902 (N.Y. Sup. Ct. 2014). “The defendant, Salomon Rodriguez, moves pursuant to Criminal Procedure Law § 220.60 (3) to withdraw his guilty plea to the offenses of attempted sexual abuse in the first degree (Penal Law §§ 110.”
Matter of Anonymous, 2006 NY Slip Op 50273(U) (N.Y. Fam. Ct., Nassau Cty. 2006). “Respondent now alleges that the admission was not in fact entered voluntarily, as the Respondent was under threats by her assailant of bodily injury or worse, not only to herself, but to her siblings. Again, although there is nothing in Article 7 regarding this, this Court…”
Matter of D.V.S., 2007 NY Slip Op 50044(U) (N.Y. Fam. Ct., Nassau Cty. 2007). “People v D'Adamo , 281 AD2d 751 (3d Dept 2001); People v Davis , 250 AD2d 939 (3d Dept 1998); and Criminal Procedure Law §220.60(3). Furthermore, so long as the trial court adequately allocuted the Respondent in accordance with statutory and constitutional requirements, and the…”
— N.Y. Criminal Procedure Law § 220.60(3) — 2 cases
People v. Swain, 2021 NY Slip Op 01430 (N.Y. App. Div. 2021). “Criminal Procedure Law § 220.60(3) provides that, after a defendant pleads guilty, "[a]t any time before the imposition of sentence, the court in its discretion may permit [the] defendant.”
Matter of D.V.S., 2007 NY Slip Op 50044(U) (N.Y. Fam. Ct., Nassau Cty. 2007). “People v D'Adamo , 281 AD2d 751 (3d Dept 2001); People v Davis , 250 AD2d 939 (3d Dept 1998); and Criminal Procedure Law §220.60(3). Furthermore, so long as the trial court adequately allocuted the Respondent in accordance with statutory and constitutional requirements, and the…”
— N.Y. Criminal Procedure Law § 220.60(4) — 1 case
Williams v. Smith, 454 F. Supp. 692 (W.D.N.Y. 1978). “No effort was made by counsel to withdraw the guilty plea pursuant to former Criminal Procedure Law § 220.60(4). There is no mention of dissatisfaction or objection in either petitioner’s or his' counsel’s correspondence with Justice Marshall.”
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