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A DEFENDANT MAY PLEAD GUILTY TO A CRIME WHICH IS A LEGAL IMPOSSIBILITY OR FOR WHICH THERE IS NO FACTUAL BASIS AS LONG AS IT IS SUBJECT TO A LESSER PENALTY THAN THE CHARGED OFFENSE(S) (THIRD DEPT).

The Third Department noted that a defendant may plead guilty to a crime which is a legal impossibility and for which there is no factual basis, as long as it is a reduced charge:

Assuming without deciding that defendant is correct in claiming that his incarceration rendered any attempt to possess the pills recovered from his residence a legal impossibility, that was no bar to him “plead[ing] guilty to a nonexistent crime in satisfaction of an [accusatory instrument] charging a crime for which a greater penalty may be imposed” … . To the extent that defendant’s argument may also be construed as a claim that it was factually impossible for him to commit the crime, and assuming that such an argument survives his appeal waiver … , a factual basis is not required for a guilty plea to a reduced charge … . People v Bonacci, 2020 NY Slip Op 06980, Third Dept 11-25-20

 

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