What remedy is available to a defendant who has breached a federal plea bargain?

The remedy varies according to what promise was broken as revealed by the facts of each case. See United States v. Brody, 808 F.2d 944, 948 (2d Cir. 1986). Where the agreement's breach touches the essence of the plea agreement, specific performance in the form of resentencing is appropriate. See id. Unlike in Brody, comity within the federal system is an additional concern when choosing the appropriate remedy in this case. Under New York law, whether a defendant is entitled to specific performance is a "matter

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of essential fairness." People v. McConnell, 49 NY2d 340, 348-49 (1980). Deciding whether to grant specific performance implicates the concern that promises made by state officials not lightly be disregarded, and consideration of the detrimental effect to the administration of criminal justice should it appear that the state unilaterally reneges on a plea bargain when defendant upholds his end of an agreement. See id. at 349.