Santobello v. New York, 404 U.S. 257 (1971), is a United States Supreme Court case in which the Court ruled that the sentence of the defendant should be vacated because the plea agreement specified that the prosecutor would not recommend a sentence, but the prosecutor breached the agreement by recommending the maximum sentence.

[1][2] The defendant was charged with two felony counts of gambling; the district attorney agreed to a plea agreement where the defendant would plead guilt to the lesser offense of "possession of gambling records", with a maximum sentence of one year in jail.

The Court accepted the plea in June 1969 and set a date for subsequent sentencing.

By this time, the original presiding judge had retired and the prosecutor had been replaced.

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