Filing Notice of Intent to Seek the Death Penalty Within 120 Days

In Matter of Francois v. Dolan (95 NY2d 33 [2000]) the Court of Appeals held that the District Attorney's statutory authority to file a notice of intent to seek the death penalty within 120 days of arraignment overrides a defendant's unconditional right to plead guilty to an indictment under the general plea provisions of the Criminal Procedure Law, more specifically, CPL 220.10 (2) and 220.60 (2). (Id., at 38-39.)