Opinion
January 11, 1990
Appeal from the Supreme Court, New York County (Vincent A. Vitale, J.).
When the sentencing court adheres to the promises it made when defendant pleaded guilty, defendant should not be permitted to withdraw his plea on the ground that he misinterpreted the agreement. (People v. Cataldo, 39 N.Y.2d 578, 580.) "Compliance with a plea bargain is to be tested against an objective reading of the bargain, and not against a defendant's subjective interpretation thereof". (People v. Cataldo, supra, at 580; People v. Gray, 65 A.D.2d 525, 526.) The record does not support an inference that defendant's counsel misled him or misrepresented to him the sentence that would be imposed. Therefore, it was not an abuse of discretion by the sentencing court to deny defendant's motion to withdraw his plea of guilty without affording him a hearing.
Concur — Sullivan, J.P., Ross, Carro, Milonas and Rosenberger, JJ.