People v. Ming Wu

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MING WU, Appellant

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

Date published: Sep 22, 1992

186 A.D.2d 56 (N.Y. App. Div. 1992)

588 N.Y.S.2d 267

Opinion

September 22, 1992

Appeal from the Supreme Court, Bronx County (Fred W. Eggert, J.).

The sentencing court did not abuse its discretion in denying defendant's motion to withdraw his guilty plea. The court was entitled to rely on the record of the plea, and did not have a duty to warn defendant that the plea might adversely affect his eligibility to participate in a work release program, an issue that was never discussed during the plea negotiations, at which defendant was represented by counsel (see, People v Cataldo, 39 N.Y.2d 578).

Concur — Murphy, P.J., Rosenberger, Ross and Kassal, JJ.