People v. McMillan

Appeal by the defendant from a judgment of the Supreme Court, Kings County (D’Emic, J.), rendered July 19, 2012, convicting him of robbery in the third degree and petit larceny, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant pleaded guilty to robbery in the third degree and petit larceny with the understanding that if he successfully completed a substance-abuse treatment program, he would be permitted to withdraw his plea of guilty to robbery in the third degree, and would be sentenced to a term of probation upon his conviction of petit…