People v. Wen Quing Lu

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WEN QUING LU, Appellant

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

Date published: Jun 10, 1997

240 A.D.2d 197 (N.Y. App. Div. 1997)

658 N.Y.S.2d 875

Opinion

June 10, 1997

Appeal from the Supreme Court, New York County (Franklin Weissberg, J.).

Defendant's motion to withdraw his plea was properly denied. Defendant's plea was entered into knowingly, voluntarily and intelligently and various claims of coercion are unsupported by the existing record, as is his claim of inability to understand the translation of the proceedings ( People v. Fiumefreddo, 82 N.Y.2d 536, 543; People v. Reddish, 156 A.D.2d 195, lv denied 75 N.Y.2d 923).

Defendant received effective assistance of counsel ( People v Ford, 86 N.Y.2d 397, 404). Counsel was not ineffective for declining to support defendant's plea withdrawal application, since it was meritless ( People v. Kelly, 232 A.D.2d 314).

Concur — Murphy, P.J., Milonas, Rosenberger, Wallach and Andrias, JJ.