Opinion
04-06-2016
The PEOPLE, etc., respondent, v. Melvin CINTRON, appellant.
Seymour W. James, Jr., New York, N.Y. (Denise Fabiano of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Nicoletta J. Caferri, and Jonathan K. Yi of counsel), for respondent.
Seymour W. James, Jr., New York, N.Y. (Denise Fabiano of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Nicoletta J. Caferri, and Jonathan K. Yi of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Camacho, J.), rendered December 19, 2012, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and criminal possession of a controlled substance in the seventh degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, he was properly adjudicated a second felony drug offender previously convicted of a violent felony (see Penal Law § 70.70[4] ). The defendant failed to sustain his burden of demonstrating that his previous plea of guilty was unconstitutionally obtained (see CPL 400.21 [7][b]; People v. Harris, 61 N.Y.2d 9, 15–16, 471 N.Y.S.2d 61, 459 N.E.2d 170; People v. Glover, 69 A.D.3d 877, 878, 894 N.Y.S.2d 469; People v. Manohar, 40 A.D.3d 1123, 1124, 837 N.Y.S.2d 270). The minutes from the prior plea proceeding established that his plea of guilty to the predicate violent felony was knowingly, voluntarily, and intelligently entered (see People v. Manohar, 40 A.D.3d at 1124–1125, 837 N.Y.S.2d 270).
RIVERA, J.P., HALL, COHEN and HINDS–RADIX, JJ., concur.