People v Fulton

People v Fulton 2009 NY Slip Op 08081 [67 AD3d 484] November 10, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 6, 2010

The People of the State of New York, Respondent,
v
Myron Fulton, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Peter Theis of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Yuval Simchi-Levi of counsel), for respondent.

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 the third 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 v Frederick, 45 NY2d 520 [1978]). Defendant's plea was knowingly, intelligently and voluntarily 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.