New York Court of Appeals Opinion Discusses the Trial Penalty
A recent opinion from the New York Court of Appeals contains a very interesting discussion of the trial penalty. In the case, People v. Martinez , Slip Opinion 08456 (NY Court of Appeals, Nov. 19, 2015), the defendant rejected a plea offer of 10 years probation. After his conviction at trial, he was sentenced to 10 to 20 years in prison. The defendant then appealed, arguing the trial sentence was "vindictive." While the majority upheld the sentence, the dissent argued that the trial judge should be required to explain such a sentencing differential on the record to ensure the defendant is not being punished for exercising a constitutional right. Excerpts from the majority and dissenting opinions are below. From the majority opinion: Under the Due Process Clause of the New York State Constitution, a presumption of vindictiveness applies where a defendant successfully appeals an initial conviction, and is retried, convicted, and given a greater sentence than that impos