People v. Selikoff, 35 N.Y.2d 227 (1974)

Off-the-record promises made during plea bargaining are unenforceable if they contradict the formal record of the plea agreement.

Summary

Selikoff pleaded guilty to a lesser charge based on an alleged promise by the prosecutor of a specific sentence. This promise was not recorded during the plea colloquy. When the sentencing court imposed a harsher sentence, Selikoff appealed. The New York Court of Appeals held that unrecorded promises made during plea negotiations are unenforceable if they contradict the record of the plea. The Court emphasized the need for transparency and completeness in plea agreements to maintain the integrity of the criminal justice system and prevent later disputes about the terms of the bargain.

Facts

Selikoff was indicted on multiple charges. During plea negotiations, his attorney and the prosecutor allegedly agreed to a specific sentence in exchange for a guilty plea to a lesser charge. Selikoff pleaded guilty, but the sentencing court imposed a more severe sentence than the one allegedly promised. The details of the plea agreement, including the sentencing promise, were not placed on the record during the plea proceedings.

Procedural History

The defendant appealed his sentence, arguing that the prosecutor’s promise during plea negotiations should be enforced. The lower courts upheld the sentence. The New York Court of Appeals granted leave to appeal to determine whether the alleged off-the-record promise was enforceable.

Issue(s)

Whether an off-the-record promise made during plea bargaining, but not reflected in the plea proceeding record, is enforceable against the state.

Holding

No, because off-the-record promises made during plea bargaining are unenforceable if they contradict the formal record of the plea agreement. To ensure fairness and maintain the integrity of the plea bargaining process, all terms of the agreement must be explicitly stated on the record.

Court’s Reasoning

The Court emphasized that plea bargaining is a critical component of the criminal justice system, and its effectiveness depends on transparency and the accurate recording of agreements. The Court reasoned that allowing defendants to later claim unrecorded promises would undermine the entire plea bargaining process. The court stated, “[I]f the agreement is placed on the record, the defendant and his counsel will be bound by it.” The court further stated that “[O]nly in the most unusual circumstance should a court be foreclosed from an inquiry of the pleading defendant to ascertain whether any promises, not contained in the record, were made to him.” The court held that the sentencing court was not bound by the alleged promise because it was not part of the official record. The Court acknowledged the potential for abuse if unrecorded promises were enforceable, as it would incentivize defendants to falsely claim such promises after receiving a less favorable outcome. The court emphasized that any promises made to induce a guilty plea must be placed on the record to be enforceable, preventing secret agreements and ensuring the fairness and integrity of the plea bargaining process. The court explicitly overruled prior case law suggesting that an off-the-record promise may be binding. The court effectively created a bright-line rule: promises are only enforceable if recorded.