People v Gates
2011 NY Slip Op 07073 [88 AD3d 740]
October 4, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 7, 2011


The People of the State of New York, Respondent,
v
Michael Gates, Appellant.

—[*1] 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.

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 [2011]; People v Yarborough, 83 AD3d 875 [2011]). Prudenti, P.J., Rivera, Austin and Roman, JJ., concur.