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138 A.D.3d 755

People v. Cintron

Appellate Division of the Supreme Court of the State of New York · decided 2016-04-06

Decided 2016-04-06

¶1 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.

¶2*756 Ordered that the judgment is affirmed.

¶3 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 NY2d 9, 15-16 [1983]; People v Glover, 69 AD3d 877, 878 [2010]; People v Manohar, 40 AD3d 1123, 1124 [2007]). 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 AD3d at 1124-1125).

Rivera, J.P, Hall, Cohen and Hinds-Radix, JJ., concur.
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