People v. Steir
Appellate Division of the Supreme Court of the State of New York
1Per curiam
While the trial court was not obliged to accept the recommendation of the prosecutor concerning the sentence to be imposed (and we do not find any proof of intentional deception in obtaining the plea), in the circumstances of this particular case we deem that it would best serve the ends of justice to reverse the order denying defendant’s motion to withdraw his plea of guilty, and the judgment of conviction herein, and order a new trial. Where the alleged undue severity of the sentence imposed is raised upon appeal in cases of tMs character, the record would be of greater aid to the appellate…
2Cited by3 opinions
- People v. ForlanoAppellate Division of the Supreme Court of the State of New York · 1963
- People v. BofillNew York Court of General Session of the Peace · 1962
- People v. MainelloAppellate Division of the Supreme Court of the State of New York · 1947