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  5. 60 N.Y.2d 513 (1983)
 

PEOPLE v. THOMPSON

60 N.Y.2d 513 (1983)

The People of the State of New York, Respondent-Appellant, v. Bentley Thompson, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided December 15, 1983.

Attorney(s) appearing for the Case

Lynn W. L. Fahey and William E. Hellerstein for appellant-respondent.

Elizabeth Holtzman, District Attorney (Barbara D. Underwood, Lucille Di Bello, Peter A. Weinstein and Anthea H. Bruffee of counsel), for respondent-appellant.

Chief Judge COOKE and Judges JONES, MEYER, SIMONS and KAYE concur with Judge WACHTLER; Judge JASEN dissents in part and concurs in part and votes to affirm in a separate opinion.

WACHTLER, J.

The primary question on this appeal is whether the rule requiring the trial court to afford the prosecutor an opportunity to withdraw consent to a plea when the Trial Judge finds the agreed-upon sentence excessive (People v Farrar, 52 N.Y.2d 302), also applies to the Appellate Division and limits its statutory power to reduce an excessive sentence in the...

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