The following excerpt is from Siegel v. State of N.Y., 691 F.2d 620 (2nd Cir. 1982):
In view of the salutary policies fostered by the New York rule, we cannot conclude that it offends the constitutional concept of due process. To the contrary, the rule promotes openness, certainty, and finality of plea proceedings. Furthermore, assuming the defendant is aware that off-the-record promises by the prosecutor are void-not an unreasonable assumption given the defendant's right to counsel at the plea proceeding, see Mempa v. Rhay, 389 U.S. 128, 134, 88 S.Ct. 254, 256-257, 19 L.Ed.2d 336 (1967)-the memorialization in the record of all promises upon which he relies will best protect the defendant's post-conviction expectations.
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