People v. Grimaldi

In People v. Grimaldi, 200 A.D.2d 687 (2nd Dep't, 1994) a written agreement was entered into by the defendant and the prosecution which called for a particular sentence in exchange for the defendant's cooperation with the prosecution in the investigation of organized crime in a particular industry. The defendant complied with the terms of the agreement. When the court sentenced the defendant, it ignored the terms of the agreement and sentenced the defendant to a greater period of imprisonment than that set forth in the agreement. The Appellate Division held that since the defendant complied with the terms of the agreement, he was entitled to specific performance of the sentence agreed upon in the agreement.