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People v. Chi Lau

Appellate Division of the Supreme Court of New York, First Department
Mar 26, 1991
171 A.D.2d 580 (N.Y. App. Div. 1991)

Opinion

March 26, 1991

Appeal from the Supreme Court, New York County (Carol Berkman, J.).


Nine months after sentencing on his conviction after trial of robbery in the first degree, defendant pleaded guilty to assault in the first degree in satisfaction of an indictment charging him with three counts of attempted murder and lesser charges. At the plea proceeding at which defendant was represented by the same attorney who had represented him at trial, defendant acknowledged both his understanding and the truth of the charge that he had intended to cause serious physical injury to another person with a knife.

Defendant now contends that his plea is invalid on the ground that the court failed to make sufficient inquiry into the crime. Defendant, who was no stranger to the criminal justice system, was represented by experienced counsel, did not move to vacate the plea after sentence was imposed, and did not complain that he was disadvantaged because he spoke through an interpreter. The recognized rule that there is no "uniform mandatory catechism of pleading defendants" is dispositive. (People v Nixon, 21 N.Y.2d 338, 353; People v Francis, 38 N.Y.2d 150; People v Harris, 61 N.Y.2d 9.)

Concur — Murphy, P.J., Sullivan, Carro, Wallach and Kupferman, JJ.


Summaries of

People v. Chi Lau

Appellate Division of the Supreme Court of New York, First Department
Mar 26, 1991
171 A.D.2d 580 (N.Y. App. Div. 1991)
Case details for

People v. Chi Lau

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHI LAU, Also Known as…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 26, 1991

Citations

171 A.D.2d 580 (N.Y. App. Div. 1991)
567 N.Y.S.2d 449