From Casetext: Smarter Legal Research

People v. Vasquez

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 2011
85 A.D.3d 1068 (N.Y. App. Div. 2011)

Opinion

No. 2008-10665.

June 21, 2011.

Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered November 7, 2008, convicting him of rape in the first degree, upon his plea of guilty, and imposing sentence.

Mark Diamond, New York, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Robert H. Middlemiss of counsel), for respondent.

Before: Skelos, J.P., Dickerson, Hall, Austin and Miller, JJ.


Ordered that the judgment is affirmed.

The defendant's contention that his plea of guilty was not knowingly, voluntarily, and intelligently entered because he was not advised that he would have to register as a sex offender is unpreserved for appellate review ( see CPL 470.05; People v Hussain, 309 AD2d 818) and, in any event, without merit ( see People v Gravino, 14 NY3d 546, 550). In addition, the defendant's contention that his plea of guilty was not knowingly, voluntarily, and intelligently entered because he was not properly advised by the County Court about the deportation consequences of the plea is unpreserved for appellate review ( see CPL 470.05; People v Mesquite, 234 AD2d 395) and, in any event, without merit ( see People v Ford, 86 NY2d 397, 403-404; CPL 220.50). Finally, the defendant's contention that his plea of guilty was not knowingly, voluntarily, and intelligently entered because he was not advised about the issuance of an order of protection is unpreserved for appellate review ( see CPL 470.05; People v Dixon, 16 AD3d 517) and, in any event, without merit ( see People v Margillo, 69 AD3d 655, 655-656).


Summaries of

People v. Vasquez

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 2011
85 A.D.3d 1068 (N.Y. App. Div. 2011)
Case details for

People v. Vasquez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE VASQUEZ, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 21, 2011

Citations

85 A.D.3d 1068 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 5537
925 N.Y.S.2d 863

Citing Cases

People v. Drammeh

People v. Peque Sicajan, 19 N.Y.3d 977, 950 N.Y.S.2d 360, 973 N.E.2d 770;People v. Griffith, 78 A.D.3d 1194,…

People v. Ramnaraine

The defendant failed to preserve for appellate review his claim that his admission to violating the…