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Criminal Procedure Keyed to Dressler
Santobello v. New York
Citation:404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427.
The defendant was indicted on two felony counts. During plea negotiations, the prosecutor agreed to let the defendant plead to a lesser included offense, which carried a maximum sentence of one year. The prosecutor also agreed to make no recommendation as to the sentence.
The defendant plead guilty to the lesser charge. The court accepted his plea and set a date for sentencing. At the defendant’s sentencing hearing, however, another prosecutor replaced the prosecutor who had negotiated the plea. The new prosecutor recommended the maximum one-year sentence and cited the defendant’s criminal record and alleged links to organized crime. The defendant was sentenced to one year in jail.
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