Opinion
June 10, 1997
Appeal from the Supreme Court, New York County (Alfred Donati, J.).
Defendant's motion to withdraw his guilty plea was properly denied. The court emphasized defendant's right to go to trial, and properly advised him that it could not say whether it would find defendant a persistent felony offender if he were convicted. Defendant's prior criminal record was substantial and the court appropriately warned him that he was in peril of being adjudicated a persistent felony offender and of receiving a sentence greater than the legal minimum ( People v. Cornelio, 227 A.D.2d 248, lv denied 88 N.Y.2d 982; People v. Clark, 207 A.D.2d 709, lv denied 84 N.Y.2d 934).
Concur — Sullivan, J.P., Rosenberger, Ellerin, Williams and Mazzarelli, JJ.