PEOPLE v. MILLER


65 N.Y.2d 502 (1985)

The People of the State of New York, Respondent, v. Michael Miller, Appellant.

Court of Appeals of the State of New York.

Decided July 11, 1985.


Attorney(s) appearing for the Case

Peter Branti, Jr., Public Defender (Clare McCue and William K. Nelson of counsel), for appellant.

Kenneth Gribetz, District Attorney (John S. Edwards of counsel), for respondent.

Chief Judge WACHTLER and Judges JASEN, SIMONS, KAYE, ALEXANDER and TITONE concur.


MEYER, J.

That a heavier sentence is imposed following trial than was imposed following defendant's earlier conviction, thereafter reversed, of first degree rape based on his guilty plea, involves no violation of defendant's right to due process or to confront the witnesses against him, it having been stated during both sentencing proceedings that the lesser sentence following the guilty plea was imposed to spare...

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