| People v Cintron |
| 2016 NY Slip Op 02662 [138 AD3d 755] |
| April 6, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Melvin Cintron, Appellant. |
Seymour W. James, Jr., New York, NY (Denise Fabiano of counsel), forappellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano,Johnnette Traill, Nicoletta J. Caferri, and Jonathan K. Yi of counsel), forrespondent.
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 acontrolled substance in the third degree, criminal possession of a controlled substance inthe 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 felonydrug offender previously convicted of a violent felony (see Penal Law§ 70.70 [4]). The defendant failed to sustain his burden of demonstratingthat 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 AD3d877, 878 [2010]; People vManohar, 40 AD3d 1123, 1124 [2007]). The minutes from the prior pleaproceeding established that his plea of guilty to the predicate violent felony wasknowingly, voluntarily, and intelligently entered (see People v Manohar, 40AD3d at 1124-1125). Rivera, J.P., Hall, Cohen and Hinds-Radix, JJ., concur.