The People, etc., respondent, v. Michael Gates, appellant. (2011)

Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Michael Gates, appellant.

2010–07019 (Ind.No. 2388 /09)

Decided: October 04, 2011

A. GAIL PRUDENTI, P.J. REINALDO E. RIVERA LEONARD B. AUSTIN SHERI S. ROMAN, JJ.

Mark Diamond, New York, N.Y., for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Laurie K. Gibbons of counsel), for respondent.

Submitted—September 15, 2011

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino, J.), rendered July 7, 2010, convicting him of criminal possession of a controlled substance in the third degree and conspiracy in the fourth degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The Supreme Court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his plea of guilty since the record demonstrated that the defendant's plea was knowing, voluntary, and intelligent (see People v. Douglas, 83 AD3d 1092; People v. Yarborough, 83 AD3d 875).

PRUDENTI, P.J., RIVERA, AUSTIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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