26 Cited authorities

Santobello v. New York
404 U.S. 257 (1971) Cited 4,860 times 7 Legal Analyses
Holding that if petitioner is granted specific performance he "should be resentenced by a different judge"
People v. Seaberg
74 N.Y.2d 1 (N.Y. 1989) Cited 1,837 times 1 Legal Analyses
Rejecting Bourne
Spence v. Superintendent
219 F.3d 162 (2d Cir. 2000) Cited 910 times 2 Legal Analyses
Holding that the actual innocence exception applies in non-capital sentencing context when the error is related to the finding of a predicate act forming the basis for enhancement
People v. Farrar
52 N.Y.2d 302 (N.Y. 1981) Cited 1,115 times 1 Legal Analyses
Expressing that "while the court legitimately may indicate that a proposed sentence is fair and acceptable, the necessary exercise of discretion cannot be fixed immutably at the time of the plea, for the decision requires information that may be unavailable then"
People v. Outley
80 N.Y.2d 702 (N.Y. 1993) Cited 429 times
In Outley, the New York Court of Appeals held "proof that [a] defendant actually committed the postplea offense which led to the arrest was not necessary" before a sentencing court could impose an enhanced sentenced based upon a defendant's breach of a "no arrest" plea condition.
People v. Frederick
45 N.Y.2d 520 (N.Y. 1978) Cited 531 times
In People v. Frederick, 45 N.Y.2d 520, 410 N.Y.S.2d 555, 382 N.E.2d 1332 (1978), the trial court informed the defendant at the plea allocution that no promises were being made concerning the sentence to be imposed.
People v. Selikoff
35 N.Y.2d 227 (N.Y. 1974) Cited 526 times 3 Legal Analyses
Finding court correctly refused to impose original terms of plea agreement after discovering defendant was actually a principal, not a pawn, in a fraudulent scheme, and holding that defendant's refusal to withdraw his plea did not entitle him to specific performance of original plea agreement
People v. Dodt
61 N.Y.2d 408 (N.Y. 1984) Cited 360 times
In Dodt, despite the fact that the defendant did not even display a gun when he threatened to shoot his victim, the defendant was found to have abducted his victim by the “threatened use of deadly force.” Id.
Torres v. Berbary
340 F.3d 63 (2d Cir. 2003) Cited 187 times
Holding without explanation that because defendant's testimony at his sentencing was unsworn, this was a factor in granting the writ
People v. Goodfriend
64 N.Y.2d 695 (N.Y. 1984) Cited 205 times 1 Legal Analyses
In Goodfriend, the trial court vacated a sodomy conviction and dismissed the indictment on the ground that the verdict was repugnant with defendant's acquittal of the other two charged counts.

The People, Respondent,v.Wilson Feliciano, Appellant.

26 Cited authorities

Holding that if petitioner is granted specific performance he "should be resentenced by a different judge"

Rejecting Bourne

Holding that the actual innocence exception applies in non-capital sentencing context when the error is related to the finding of a predicate act forming the basis for enhancement

Expressing that "while the court legitimately may indicate that a proposed sentence is fair and acceptable, the necessary exercise of discretion cannot be fixed immutably at the time of the plea, for the decision requires information that may be unavailable then"

In Outley, the New York Court of Appeals held "proof that [a] defendant actually committed the postplea offense which led to the arrest was not necessary" before a sentencing court could impose an enhanced sentenced based upon a defendant's breach of a "no arrest" plea condition.

In People v. Frederick, 45 N.Y.2d 520, 410 N.Y.S.2d 555, 382 N.E.2d 1332 (1978), the trial court informed the defendant at the plea allocution that no promises were being made concerning the sentence to be imposed.

Finding court correctly refused to impose original terms of plea agreement after discovering defendant was actually a principal, not a pawn, in a fraudulent scheme, and holding that defendant's refusal to withdraw his plea did not entitle him to specific performance of original plea agreement

In Dodt, despite the fact that the defendant did not even display a gun when he threatened to shoot his victim, the defendant was found to have abducted his victim by the “threatened use of deadly force.” Id.

Holding without explanation that because defendant's testimony at his sentencing was unsworn, this was a factor in granting the writ

In Goodfriend, the trial court vacated a sodomy conviction and dismissed the indictment on the ground that the verdict was repugnant with defendant's acquittal of the other two charged counts.