The People v. Antonio Martinez

OPINION OF THE COURT

Chief Judge Lippman.

We are asked to decide whether a defendant’s sentencing comports with due process where he rejects a plea offer of 10 years’ probation for a single crime and, after being tried and convicted on multiple charges, is sentenced to 10 to 20 years’ imprisonment. Because a presumption of vindictive sentencing does not apply to the circumstances presented here, we affirm the order of the Appellate Division.

Defendant was charged with rape in the first degree, course of sexual conduct against a child in the first degree, sexual abuse in the first degree, sexual…