Case Detail
CitationPeople v. Garcia, 895 N.Y.S.2d 546 (N.Y. App. Div. 2010)
CrimeNon-violent, other
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2008
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the People violated the spirit of the plea bargain. "It is well settled that the People must honor any promise made during plea negotiations with regard to a sentencing recommendation [citations omitted]. Here, while discussing a possible negotiated sentence, County Court inquired whether the People would be seeking consecutive sentences for the two counts in the indictment. The People responded that, while defendant was in possession of two credit cards, he only tried to negotiate one of them and, thus, consecutive sentences 'might be a stretch,' indicating their intent to forego requesting consecutive sentences. The court appeared to agree, but made no sentence promise. At sentencing, the court recollected that, at the time defendant's plea to the two counts was entered, the 'recommended sentence by the [D]istrict [A]ttorney was two and a third to seven years concurrent.' However, the People, thereafter, argued for consecutive sentences and defendant was so sentenced, over his objection that he was induced to enter his guilty plea by the promise of concurrent sentences. . . . Under these circumstances, we find that '[the People] almost certainly violated the spirit of the bargain' and, thus, the appropriate course is to remit the matter for resentencing before a different judge to avoid any possible prejudice to defendant from the People's improper argument and recommendation that defendant's sentences be consecutive [citations omitted]."
Determination Year2010
Misconduct TypeP
C/S EffectNew sentencing Hearing
Pros. Misc. ReportedUKN
Sanction TypeUKN
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