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york
allows
mete
additional
punishment
defendant
simply
personal
belief
defendant
testify
truthfully
trial
accordingly
affirm
judgment
appeals
know
trial
judge
laudable
explication
reasons
imposing
sentence
case
many
cases
impossible
discern
whether
sentencing
judge
influenced
belief
defendant
testified
truthfully
since
requirement
reasons
given
fact
argue
correcting
erroneous
sentencing
policy
apparent
face
record
cf
bordenkircher
hayes
powell
dissenting
notes
ante
integrity
judges
sufficient
guarantee
consciously
consider
factors
declared
impermissible
even
reasons
imposing
particular
sentence
stated
record
accused
federal
case
absolute
constitutional
right
plead
guilty
elect
go
trial
absolute
statutory
right
testify
behalf
believe
latter
also
constitutional
right
right
defendant
sixth
fourteenth
amendments
make
defense
faretta
california
surely
must
encompass
right
testify
behalf
see
ferguson
georgia
clark
concurring
indeed
without
doubting
sincerity
trial
judges
one
may
doubt
whether
single
incident
defendant
trial
testimony
ever
alter
assessment
rehabilitative
prospects
drastically
justify
perceptibly
greater
sentence
sentencing
judge
presentence
report
compiled
trained
personnel
designed
paint
complete
picture
defendant
life
character
possible
defendant
suspected
perjury
consistent
evaluation
report
impact
rehabilitative
assessment
must
minimal
hand
suggests
markedly
different
character
different
sentencing
treatment
seems
appropriate
defendant
effectively
punished
perjury
without
even
barest
rudiments
due
process
example
dissenting
judge
appeals
case
suggested
sentencing
judge
consider
independent
evaluation
testimony
behavior
defendant
convinced
beyond
reasonable
doubt
defendant
intentionally
lied
material
issues
fact
falsity
defendant
testimony
necessarily
established
finding
guilt
rosenn
dissenting
contrary
judge
rosenn
believe
latter
requirement
met
case
jury
believed
grayson
entire
story
concluded
words
trial
judge
instructions
defense
duress
ordinary
man
felt
necessary
leave
allenwood
prison
camp
faced
degree
compulsion
coercion
duress
defendant
faced
case
notwithstanding
standard
instruction
jury
draw
adverse
inference
defendant
failure
testify
defendant
take
stand
probably
fatally
prejudice
chances
acquittal
note
influence
defendant
plea
judicial
determination
sentence
yale