PEOPLE v. MCCONNELL


49 N.Y.2d 340 (1980)

The People of the State of New York, Respondent, v. Gerald Joseph McConnell, Appellant.

Court of Appeals of the State of New York.

Decided February 20, 1980.


Attorney(s) appearing for the Case

Donald J. Martin for appellant.

Richard A. Hennessy, Jr., District Attorney (John A. Cirando and Edward Z. Menkin of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


MEYER, J.

Is it an abuse of discretion for a Trial Judge, who believes that information learned during the trial of a codefendant warrants his doing so, to impose a 15-year sentence upon a defendant who pleads guilty to manslaughter, second degree, with the understanding that the maximum sentence imposed will be 10 years, where defendant has, as agreed in plea negotiations, testified before the Grand Jury, resulting...

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