| People v Fulton |
| 2009 NY Slip Op 08081 [67 AD3d 484] |
| November 10, 2009 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Myron Fulton, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Yuval Simchi-Levi of counsel), forrespondent.
Judgment, Supreme Court, New York County (A. Kirke Bartley, J.), rendered July 24, 2008,convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in thethird degree, and sentencing him, as a second felony drug offender, to a term of 3½ years,unanimously affirmed.
The court properly denied defendant's motion to withdraw his plea (see People vFrederick, 45 NY2d 520 [1978]). Defendant's plea was knowingly, intelligently andvoluntarily entered, and his belated claim of innocence was contradicted by his plea allocution,which contained nothing to suggest an agency defense. Concur—Tom, J.P., Friedman,Nardelli, Buckley and Richter, JJ.