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In re Benjamin S.

56 N.Y.2d 570 Court N.Y. Decision date 1982-03-25 English

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p. 570
In the Matter of Benjamin S., Respondent. Edward J. Kuriansky, as Deputy Attorney-General, Appellant.
Submitted March 15, 1982;
decided March 25, 1982

Motion for reargument denied. Motion to amend remittitur granted. Remittitur recalled and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Whether petitioner’s Federal constitutional rights are violated by the requirement that, once a record is made of the terms of a plea bargaining agreement, all promises made to the pleading defendant must be made a part of that record before they will be enforced. [See 55 NY2d 116 .]

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