Matter of Kurz v. Justices of Supreme Ct. of N.Y., Kings County – Case Brief Summary (New York)

In Matter of Kurz v. Justices of Supreme Ct. of N.Y., Kings County (228 AD2d 74, 654 NYS2d 783 [1997]), the trial court refused to sentence defendant as promised in the plea agreement negotiated by defendant's counsel and the district attorney's office.

The Second Department held that the trial judge's decision was not subject to article 78 mandamus relief since sentencing is a "discretionary act" and the trial court may decline to sentence a defendant as promised as long as the reason for his or her decision is stated on the record so as to permit meaningful appellate review.