Opinion
2017–12803 Ind.No. 91/17
12-18-2019
The PEOPLE, etc., Respondent, v. Raul PLAZA, Appellant.
Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
SHERI S. ROMAN, J.P., ROBERT J. MILLER, JOSEPH J. MALTESE, ANGELA G. IANNACCI, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered November 3, 2017, convicting him of course of sexual conduct against a child in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that his plea of guilty was not entered voluntarily because the County Court failed to adequately advise him of the immigration consequences of his plea. However, the defendant's contention is unpreserved for appellate review, as he failed to raise the issue before the court or move to withdraw his plea despite indicating on the record that he was aware that there could be immigration consequences to pleading guilty (see People v. Peque , 22 N.Y.3d 168, 183, 980 N.Y.S.2d 280, 3 N.E.3d 617 ; People v. Rodriguez–Abreu , 170 A.D.3d 895, 895–896, 93 N.Y.S.3d 858 ; People v. Ramsood , 161 A.D.3d 1198, 1199, 74 N.Y.S.3d 507 ; People v. Sanchez , 152 A.D.3d 548, 58 N.Y.S.3d 132 ). In any event, the defendant's contention is without merit.
"[A]s part of its independent obligation to ascertain whether a defendant is pleading guilty voluntarily, a trial court must alert a noncitizen defendant that he or she may be deported as a consequence of the plea of guilty" ( People v. Lopez–Alvarado , 149 A.D.3d 981, 981, 52 N.Y.S.3d 418 ; see People v. Peque , 22 N.Y.3d at 193, 980 N.Y.S.2d 280, 3 N.E.3d 617 ). Although no particular litany is required, "[t]he trial court must provide a short, straightforward statement on the record notifying the defendant that, in sum and substance, if the defendant is not a United States citizen, he or she may be deported upon a guilty plea" ( People v. Peque , 22 N.Y.3d at 197, 980 N.Y.S.2d 280, 3 N.E.3d 617 ; see People v. Ramsood , 161 A.D.3d at 1199, 74 N.Y.S.3d 507 ; People v. Lopez–Alvarado , 149 A.D.3d at 981, 52 N.Y.S.3d 418 ). Here, the County Court fulfilled its obligation under People v. Peque by advising the defendant, among other things, that he may be deported as a result of his plea of guilty (see People v. Ramsood , 161 A.D.3d at 1199, 74 N.Y.S.3d 507 ; People v. Alexander , 159 A.D.3d 1019, 1019, 73 N.Y.S.3d 593 ). Contrary to the defendant's contention, the court was not required to advise him that he would definitely be deported upon pleading guilty (see People v. Ramsood , 161 A.D.3d at 1199, 74 N.Y.S.3d 507 ; People v. Alexander , 159 A.D.3d at 1020, 73 N.Y.S.3d 593 ; People v. Jimenez , 150 A.D.3d 408, 409, 52 N.Y.S.3d 717 ; People v. Manuel , 143 A.D.3d 473, 474, 38 N.Y.S.3d 551 ).
The defendant's remaining contention is without merit.
ROMAN, J.P., MILLER, MALTESE and IANNACCI, JJ., concur.