New York Court of Appeals

The People of the State of New York, Respondent v. Antonio Martinez, Appellant

November 19, 201526 N.Y.3d 196

Summary

The Court held that the New York constitutional presumption of vindictiveness does not apply when a defendant rejects a plea offer and is sentenced to a harsher term after trial, and therefore affirmed the Appellate Division’s sentencing order. The Court reasoned that the plea offer required a guilty plea to a lesser felony and that the trial court’s sentencing was based on the evidence and victim impact, not retaliation, distinguishing the situation from cases involving a successful appeal and retrial. The opinion also noted that the due‑process vindictiveness presumption is limited to appellate retrials. Justice Pigott dissented, arguing that any sentencing disparity after a rejected plea requires an explanatory basis and should be reversed.