Endnotes. 1. Except for a plea of not responsible because of a mental disease or defect (see CPL 220.15), there is no statute or case law that dictates a "uniform mandatory catechism" of questions that a judge must ask a defendant who is pleading guilty (People v Xxxxx, 21 NY2d 338, 353 [1967]). But, a "full inquiry" is to be "encouraged and highly recommended" (People v Selikoff, 35 NY2d 227, 242 [1974]). Also, the record must show that the plea was entered knowingly, intelligently, and voluntarily, and that the defendant waived the privilege against self‑incrimination, the right to a trial by jury and the right to confront witnesses (see Boykin v Alabama, 395 US 238, 243, and n 5 [1969]; People v Tyrell, 22 NY3d 359, 365 [2013]; People v Xxxxxxxxxxx, 82 NY2d 536, 543 [1993]).
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Samples: www.courts.state.ny.us, nycourts.gov
Endnotes. 1. Except for a plea of not responsible because of a mental disease or defect (see CPL 220.15), there is no statute or case law that dictates a "uniform mandatory catechism" of questions that a judge must ask a defendant who is pleading guilty (People v Xxxxx, 21 NY2d 338, 353 [1967]). But, a "full inquiry" is to be "encouraged and highly recommended" (People v Selikoff, 35 NY2d 227, 242 [1974]). Also, the record must show that the plea was entered knowingly, intelligently, and voluntarily, and that the defendant waived the privilege against self‑incriminationself-incrimination, the right to a trial by jury and the right to confront witnesses (see Boykin v Alabama, 395 US 238, 243, and n 5 [1969]; People v Tyrell, 22 NY3d 359, 365 [2013]; People v Xxxxxxxxxxx, 82 NY2d 536, 543 [1993]).
Appears in 2 contracts
Samples: www.nycourts.gov, nycourts.gov