State of New Jersey, Plaintiff-Respondent v. Kirk Warren, Defendant-Appellant

Summary

The Supreme Court of New Jersey held that a plea agreement that includes a material term allowing the prosecutor to withdraw the plea if the sentencing court imposes a more lenient sentence is not authorized under the Court's Rules of practice. Because the negotiated‑sentence practice is impermissible, the defendant's guilty plea and the resulting sentence are vacated. The matter is remanded for further proceedings consistent with this opinion.