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Mr. Lofton
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Category: Criminal Law
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Experience:  25 years experience
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NYC supreme court-criminal division Question If ...

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NYC supreme court-criminal division: Question: If a defendant appears in an open court and accepts a plea worked out by both attorney & D.A. & now judge wants to go back on her promise at sentencing how can one fight this injustice. judge feels "duped" by incident in open court where defendant started shaking, released on his own recognize, hauled back 1 day later on bench warrant and judge mocked his shaking to another attorney and D.A. Attorney has not filed Habeaus Corpus. Help!
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Mr. Lofton replied 8 years ago.

Yiou can certainly file formal complaint to the committee on judicial conduct - you can also ask the judge to "recuse" herself, meaning that she voluntarily withdraws from the case and a new judge gets assigned - I would do that as well. It is quite appalling.

Usually, when the defendant and D.A. work out a plea with an agreed sentence, the judge is not required to go along, but if she does not she then allows the defendant to change the plea back to not guilty.

If I were you, I would report thejudge and file a motion to have her "recuse" herself.

Best wishes,

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