3.35 - B. Plea Of Guilty To A Violation

• Jurisdiction: New York

B. Plea of Guilty to a Violation

Where a defendant is a first-time offender charged with a petty crime, a prosecutor who does not wish to consent to an ACD may be willing to consent to a plea to a violation. Although a violation is an offense⁵⁰⁶ and a plea of guilty to a violation constitutes a conviction,⁵⁰⁷ such a plea is advantageous to the defendant in that a violation (unlike a misdemeanor or a felony) is not a crime⁵⁰⁸ under New York law; thus, a defendant who has been convicted only of a violation can honestly inform potential employers that he or she has never been...