Opinion
04-28-2017
The PEOPLE of the State of New York, Respondent, v. Elvira M. PUSKAR, Defendant–Appellant.
Rebecca L. Wittman, Utica, for defendant-appellant. Scott D. McNamara, District Attorney, Utica (Steven G. Cox of Counsel), for respondent.
Rebecca L. Wittman, Utica, for defendant-appellant.
Scott D. McNamara, District Attorney, Utica (Steven G. Cox of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting her, upon her plea of guilty, of criminal possession of a controlled substance in the third degree (Penal Law § 220.16[1] ). As the People correctly concede, County Court failed to advise defendant, a noncitizen, of the deportation consequences of her felony guilty plea, as required by People v. Peque, 22 N.Y.3d 168, 980 N.Y.S.2d 280, 3 N.E.3d 617. We therefore hold the case, reserve decision and remit the matter to County Court to afford defendant the opportunity to move to vacate her plea based upon a showing that there is a "reasonable probability" that she would not have pleaded guilty had she known that she faced the risk of being deported as a result of the plea (id. at 176, 980 N.Y.S.2d 280, 3 N.E.3d 617 ; see People v. Odle, 134 A.D.3d 1132, 1133, 21 N.Y.S.3d 727 ; People v. Medina, 132 A.D.3d 1363, 1363–1364, 17 N.Y.S.3d 258 ).
It is hereby ORDERED that the case is held, the decision is reserved and the matter is remitted to Oneida County Court for further proceedings.
WHALEN, P.J., SMITH, CENTRA, TROUTMAN, and SCUDDER, JJ., concur.