People v. Montes

OPINION OF THE COURT

Dominic R. Massaro, J.

*887The question presented by this case is what scope of protection is to be accorded a cooperating witness, likewise a defendant who is represented by counsel.

As part of a plea bargain, the within defendant, Johnny Montes, agreed to testify against one Jonae Singleton. The agreement specified that in exchange for a plea of guilty to the crime of assault in the second degree (Penal Law § 120.05 [1]) and testimony inculpating Mr. Singleton at trial, Mr. Montes could obtain for himself the minimum allowable sentence, that is, a sentence of from l1/2 to 4x/2…