440 U.S. 444

99 S.Ct. 1415

59 L.Ed.2d 440

Harold RAMSEY, petitioner,
v.
State of NEW YORK

No. 77-6540

Supreme Court of the United States

March 5, 1979

On Writ of

Certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Dept.

March 5, 1979. PER CURIAM.

1

The petition for certiorari in this case stated the question presented as follows:

2

"Whether a guilty plea is obtained in violation of due process of law when it is induced by a judge's threat that, should the defendant be convicted after trial, he will receive a sentence almost four times greater than one once seriously discussed, and more than twice as great as the one then held out as part of a plea offer."

3

We granted certiorari to decide this question. 439 U.S. 892, 99 S.Ct. 248, 58 L.Ed.2d 237. After briefing and oral argument, it has become evident that on the record in this case it cannot be said with any degree of certainty that this question is actually presented. The writ, therefore, is dismissed as having been improvidently granted.

4

So ordered.