People v. Miller

OPINION OF THE COURT

Meyer, J.

That a heavier sentence is imposed following trial than was imposed following defendant’s earlier conviction, thereafter reversed, of first degree rape based on his guilty plea, involves no violation of defendant’s right to due process or to confront the witnesses against him, it having been stated during both sentencing proceedings that the lesser sentence following the guilty plea was imposed to spare the victim the necessity of recounting the experience at a public trial. Nor did the reversal of the guilty plea conviction entitle defendant to relitigate the…