People v. Boston, 8 N.Y.3d 958 (2007)
A defendant’s guilty plea to a crime that is neither charged in the indictment nor a lesser-included offense of a charged crime is jurisdictionally defective and must be vacated.
Summary
Defendant was indicted for crimes including first-degree criminal possession of a controlled substance and two counts of first-degree robbery under Penal Law § 160.15 (4) for displaying what appeared to be a firearm. Pursuant to a plea agreement, the defendant pleaded guilty to the drug charge and first-degree robbery under Penal Law § 160.15 (2), which requires being armed with a deadly weapon, a charge not in the indictment. The New York Court of Appeals held that because Penal Law § 160.15 (2) is not a lesser-included offense of Penal Law § 160.15 (4), the plea was jurisdictionally defective and properly vacated. This decision reinforces that guilty pleas are limited to charged offenses and their lesser-included offenses, as defined by statute and constitutional considerations.
Facts
The defendant was indicted for multiple crimes, including first-degree criminal possession of a controlled substance and two counts of first-degree robbery under Penal Law § 160.15 (4). The robbery charges stemmed from the defendant allegedly robbing a known drug dealer while displaying what appeared to be a firearm. The defendant later entered into a plea agreement. Instead of pleading to the indicted robbery charge (§ 160.15(4)), the defendant pleaded guilty to robbery in the first degree under Penal Law § 160.15 (2), which involves forcibly stealing property while armed with a deadly weapon. This specific charge was not part of the original indictment. The defendant’s allocution during the plea hearing did not mention the display element of Penal Law § 160.15 (4).
Procedural History
The defendant pleaded guilty to charges, including robbery in the first degree under Penal Law § 160.15(2). The Appellate Division reversed the conviction, finding the plea to be jurisdictionally defective. The People appealed to the New York Court of Appeals. The Court of Appeals affirmed the Appellate Division’s decision, holding that the plea was invalid because it was to a crime that was neither charged in the indictment nor a lesser included offense of a charged crime.
Issue(s)
Whether a defendant’s guilty plea to a crime that is not charged in the indictment and is not a lesser-included offense of a crime charged in the indictment is jurisdictionally defective.
Holding
Yes, because CPL 220.10(4) and related case law limit guilty pleas to charged offenses and their lesser-included offenses, and pleading to a non-indicted, non-lesser included offense constitutes a jurisdictional defect.
Court’s Reasoning
The Court of Appeals relied on CPL 220.10 (4), which dictates that a defendant can only plead guilty to offenses charged in the indictment or to lesser included offenses with the court’s and the People’s permission. Citing People v. Johnson, the Court emphasized that these provisions are