Opinion
2011-10-4
The PEOPLE, etc., respondent,v.Michael GATES, appellant.
Mark Diamond, New York, N.Y., for appellant.*468 Kathleen M. Rice, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Laurie K. Gibbons of counsel), for respondent.
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 A.D.3d 1092, 921 N.Y.S.2d 324; People v. Yarborough, 83 A.D.3d 875, 920 N.Y.S.2d 681).
PRUDENTI, P.J., RIVERA, AUSTIN and ROMAN, JJ., concur.