[DOWNLOAD] "People State New York v. Gerald Joseph Mcconnell" by Court of Appeals of New York # eBook PDF Kindle ePub Free

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eBook details

• Title: People State New York v. Gerald Joseph Mcconnell
• Author : Court of Appeals of New York
• Release Date : January 20, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Is it an abuse of discretion for a Trial Judge, who believes that information learned during the trial of a co-defendant warrants his doing so, to impose a 15-year sentence upon a defendant who pleads guilty to manslaughter, second degree, with the understanding that the maximum sentence imposed will be 10 years, where defendant has, as agreed in plea negotiations, testified before the Grand Jury, resulting in indictment of himself and his three co-defendants, testified before the petit jury on the trial of one co-defendant, resulting in conviction of that co-defendant, and whose availability to testify against the other co-defendants, the prosecutor agrees, was instrumental in their pleading guilty? We hold that under the circumstances of this case hereafter detailed, defendant is entitled to specific performance of the plea bargain. The order of the Appellate Division should, therefore, be reversed and the case remitted to Onondaga County Court for resentence to an indeterminate term with a maximum of 10 years in accordance with the defendants plea.

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