People v. Bartley ( 1977 )

Evans, J. (concurring).

The Criminal Procedure Law is clear (§ 220.10) that "The only kinds Of pleas which may be entered to an indictment are those specified in this section.” Q.E.D. any other plea which may be entered is a nullity. There is no suggestion of discretion contained in the statute, and the erroneous acts of the People in agreeing to this plea and of the trial court in accepting the plea cannot serve to cure the error.