Legal Question in Criminal Law in New York

Re: assault

I understand your question: if the facts (injury) is not what the ADA claimed at the time of the negotiated plea agreement, is the plea agreement still binding on me?

1. The answer is that it is not if the facts turned out to create a 'fraud on the court'.

A fraud would be evidence that the victim was not hurt at all and the victim lied to everyone.

Here, it may be that the victim was injured, just not as badly as originally thought. When you take a plea agreement you forfeit your right to a trial and to contest the facts claimed by the other side (the ADA).

This does not appear to be a discrepancy in the facts sufficient to vacate a negotiated plea agreement.