People v. Wright
| Citation | 182 A.D.2d 849,582 N.Y.S.2d 802 |
| Parties | The PEOPLE, etc., Respondent, v. Gerald WRIGHT, Appellant. |
| Decision Date | 27 April 1992 |
| Court | New York Supreme Court Appellate Division |
Philip L. Weinstein, New York City (Harold V. Ferguson, Jr., and Jonathan S. Bondy, of counsel), for appellant.
Charles J. Hynes, Dist. Atty., Brooklyn (Jay M. Cohen and Nancy F. Talcott, of counsel; Stuart A. Minkowitz on the brief), for respondent.
Before THOMPSON, J.P., and LAWRENCE, MILLER and RITTER, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from two judgments of the Supreme Court, Kings County (Douglass, J.), both rendered May 19, 1989, convicting him of burglary in the first degree under Indictment No. 9511/88, and burglary in the second degree under Indictment No. 10806/88, upon his pleas of guilty, and imposing sentences.
ORDERED that the judgments are affirmed.
Contrary to the defendant's contentions, the court did not improvidently exercise its discretion in denying his motion to withdraw his guilty pleas. The defendant argues that he pleaded guilty to the instant burglary charges because he was informed that the prosecution possessed fingerprint evidence linking him to one of the burglaries and when he was later informed that no such fingerprint evidence existed, he was entitled to withdraw his guilty pleas. However, it is well settled that a defendant is not entitled to withdraw his guilty pleas merely because he discovers that he misapprehended the quality of the People's case (see, Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747; People v. Jones, 44 N.Y.2d 76, 404 N.Y.S.2d 85, 375 N.E.2d 41, cert. denied 439 U.S. 846, 99 S.Ct. 145, 58 L.Ed.2d 148; People v. Walker, 152 A.D.2d 644, 543 N.Y.S.2d 171; People v. Grady, 110 A.D.2d 780, 488 N.Y.S.2d 58; People v. Boyce, 107 A.D.2d 754, 484 N.Y.S.2d 119). In any event, the record reveals that the prosecution was in fact in possession of latent fingerprints recovered from the roof of the building to which the defendant allegedly gained entry via a roof door. Accordingly, the court did not improvidently deny the defendant's application.
We have reviewed the defendant's remaining contentions and find them to be without merit.
To continue reading
Request your trial
-
People v. Smith
...148;People v. Greene, 208 A.D.2d 950, 951, 618 N.Y.S.2d 412;People v. Hernandez, 190 A.D.2d 752, 593 N.Y.S.2d 335;People v. Wright, 182 A.D.2d 849, 582 N.Y.S.2d 802). In any event, a second analysis performed at a crime laboratory in Pennsylvania confirmed that the substance sold by the def......
-
People v. Hardy
...his calculus misapprehended the quality of the State's case" (see, People v. Jones, 44 N.Y.2d 76, 81 [1978]; and see People v. Wright, 182 A.D.2d 849, 849-850 [2d Dept. 1992](denying a defendant's application to withdraw a plea of guilty upon a subsequent discovery that there was no fingerp......
-
People v. Hardy
... ... Regardless, "[a] ... defendant is not entitled to withdraw his plea merely because ... he discovers that his calculus misapprehended the quality of ... the State's case" (see, People v. Jones, 44 ... N.Y.2d 76, 81 [1978]; and see People v. Wright, 182 ... A.D.2d 849, 849-850 [2d Dept. 1992](denying a defendant's ... application to withdraw a plea of guilty upon a subsequent ... discovery that there was no fingerprint evidence linking him ... to the charged crime) ... Accordingly, ... based upon ... ...
-
People v. De Jesus
...People v. Jones, 44 N.Y.2d 76, 404 N.Y.S.2d 85, 375 N.E.2d 41, cert. denied 439 U.S. 846, 99 S.Ct. 145, 58 L.Ed.2d 148; People v. Wright, 182 A.D.2d 849, 582 N.Y.S.2d 802; People v. Lesesne, 173 A.D.2d 407, 570 N.Y.S.2d 40; People v. Grady, 110 A.D.2d 780, 488 N.Y.S.2d 58). However, given t......