People v. Gottfried

Carro, J. (dissenting).

In People v Selikoff (35 NY2d 227), the Court of Appeals rehearsed the duties of the trial court in accepting a negotiated plea of guilty, and subsequently in imposing sentence. “A Judge may not ignore those provisions of law designed to assure that an appropriate sentence is imposed (cf. People v. Lopez, 28 NY2d 148, 151). Thus, any sentence ‘promise’ at the time of plea is, as a matter of law and strong public policy, conditioned upon its being lawful and appropriate in light of the subsequent presentence report or information obtained from other reliable sources”.…