Opinion
02-08-2017
The PEOPLE, etc., respondent, v. Victor FELIZ–LOPEZ, appellant.
Salvatore C. Adamo, New York, NY, for appellant. Thomas J. Spota, District Attorney, Riverhead, NY (Alfred J. Croce of counsel), for respondent.
Salvatore C. Adamo, New York, NY, for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Alfred J. Croce of counsel), for respondent.
RUTH C. BALKIN, J.P., L. PRISCILLA HALL, BETSY BARROS, and VALERIE BRATHWAITE NELSON, JJ.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Hinrichs, J.), rendered June 23, 2010, convicting him of robbery in the first degree (three counts) and criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
In Padilla v. Kentucky , 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284, the United States Supreme Court ruled that the Sixth Amendment to the United States Constitution requires criminal defense counsel to advise their noncitizen clients about the risk of deportation arising from a plea of guilty. Here, the defendant contends that his counsel failed to advise him that he will be deported as a result of his guilty plea. However, the record indicates that defense counsel properly advised the defendant of the risk of deportation arising from a plea of guilty, and that the defendant was aware of that risk before he entered his plea (see People v. Joseph, 142 A.D.3d 627, 36 N.Y.S.3d 605 ; People v. Castro, 133 A.D.3d 986, 20 N.Y.S.3d 208 ; People v. Rampersaud, 121 A.D.3d 721, 722–723, 993 N.Y.S.2d 364 ).
The defendant failed to preserve for appellate review his contention that his plea of guilty was not knowing, voluntary, or intelligent since he did not move to withdraw his plea on this ground prior to the imposition of sentence (see CPL 220.60[3] ; People v. Clarke, 93 N.Y.2d 904, 906, 690 N.Y.S.2d 501, 712 N.E.2d 668 ; People v. Lujan, 114 A.D.3d 963, 964, 980 N.Y.S.2d 815 ). In any event, the record demonstrates that the defendant's plea was knowingly, voluntarily, and intelligently entered.
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).