David the Defendant was indicted on two felony counts: Promoting Gambling in the First Degree, and Possession of Gambling Records in the First Degree. The prosecutor in charge of the case agreed to a plea bargain for David to plead guilty to a lesser charge, Possession of Gambling Records in the Second Degree, conviction of which would carry a maximum prison sentence of one year. The prosecutor agreed to make no recommendation as to the sentence. David entered a plea of guilty to the lesser charge and the Court accepted the plea and set a date for sentencing three months later. However, less than two weeks after David pleaded guilty and accepted the Government’ plea bargain, David got a new attorney who moved immediately to withdraw his guilty plea because he did not know at the time of his plea that crucial evidence against him had been obtained as a result of an illegal search and filed a motion to suppress. To make matters worse, a new prosecutor had replaced the prosecutor who had negotiated the plea. Contrary to the initial plea bargain, the second prosecutor recommended the maximum one-year sentence because David had a lengthy criminal record and alleged links with organized crime. David’s lawyer immediately objected because the government had promised David before the plea was entered that there would be no sentence recommendation by the prosecution. The sentencing judge ended the discussion, with the following statement: “I am not at all influenced by what the prosecutor says, so that there is no need to adjourn the sentence, and there is no need to have any testimony. It doesn’t make a particle of difference what the prosecutor says he will do, or what he doesn’t do. I have here a history of a long, long serious criminal record. He is a professional criminal. Under the plea, I can only send him to the New York City Correctional Institution for men for one year, which I am hereby doing.” The judge then imposed the maximum sentence of one year. Please explain in 2-3 page paper: •What is a plea bargain? •When the prosecutor and the defendant enter into a plea, does the judge have to inform the defendant if he/she intends to sentence the defendant to more than what was negotiated between the parties? •Finally, was the prosecutor legally right to withdraw the prior plea agreement since the defendant subsequently filed a motion to suppress and exercised his constitutional right to challenge an unlawful search?