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Criminal Procedure Keyed to Ohlin
Santobello v. New York
Citation:404 U.S. 257 (1971)
The State of New York indicted petitioner in 1969 on two felony gambling counts. Petitioner first entered a plea of not guilty to both counts. After negotiations, the Assistant District Attorney in charge of the case agreed to permit petitioner to plead guilty to a lesser-included offense. On June 16, 1969, petitioner accordingly withdrew his plea of not guilty and entered a plea of guilty to the lesser charge. Petitioner’s new counsel moved immediately to withdraw the guilty plea. Petitioner alleged that he did not know at the time of his plea that crucial evidence against him had been obtained as a result of an illegal search. By this time, another prosecutor had replaced the prosecutor who had negotiated the plea. The new prosecutor recommended the maximum one-year sentence. Defense counsel immediately objected on the ground that the State had promised petitioner before the plea was entered that there would no sentence recommendation by the prosecution. The second prosecutor argued that there was nothing in the record to support petitioner’s claim of a promise.
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