Benjamin Siegel v. State of New York and Edward J. Kuriansky, Deputy New York Attorney General for Medicaid Fraud

*621PIERCE, Circuit Judge:

This case presents the novel issue of whether federal due process requires a state prosecutor to fulfill an off-the-record promise made in plea bargaining negotiations,1 despite New York State’s announced policy of enforcing only those portions of a plea agreement which are actually placed on the record at the plea proceeding. The United States District Court for the Southern District of New York, Robert W. Sweet, Judge, found that such a promise must be enforced and, accordingly, enjoined the state prosecutor from breaching the promise. Because we find that New York…