What is the test for a defendant to plead guilty to the crime of first degree murder?
"New York", United States of America
The following excerpt is from People v. Lucas, 11 N.Y.3d 218, 897 N.E.2d 1052 (N.Y. 2008):
Defendant argues that the facts stated in the indictment do not constitute the crime of first degree murder. This argument attacks the facial sufficiency of the accusatory instrument, and so is not forfeited by defendant's guilty plea (People v. Taylor, 65 N.Y.2d 1, 5, 489 N.Y.S.2d 152, 478 N.E.2d 755 [1985]), but it fails on the merits.
Penal Law 125.27 says, in relevant part:
"A person is guilty of murder in the first degree when:
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