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Defendant’s Statements Made in Pre-Trial Plea Negotiations Should Not Have Been Admitted at Trial

The Second Department determined the prosecutor should not have been allowed to introduce at trial statements made by the defendant in plea negotiations (the error was deemed harmless however):

The defendant and the People executed an agreement, whereby they agreed that the People could introduce those statements against the defendant at a trial, inter alia, “to rebut any evidence” offered by him or on his behalf. At the trial, the Supreme Court found that the defendant had triggered this provision of the agreement and permitted the People to introduce the subject statements.

Statements made during the course of plea negotiations can be used against a defendant only if the People specifically bargained for that…. Under the circumstances of this case, the Supreme Court improperly found that the defendant’s trial attorney offered evidence and raised factual issues which triggered the agreement… .  People v Thompson, 2013 NY Slip Op 05473, 2nd Dept 7-24-13

 

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