Opinion
10-01-2015
The PEOPLE of the State of New York, Respondent, v. Geral JIMINEZ, Defendant–Appellant.
Richard M. Greenberg, Office of the Appellate Defender, New York (Alexandra Keeling of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.
Richard M. Greenberg, Office of the Appellate Defender, New York (Alexandra Keeling of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.
Opinion Appeal from judgment, Supreme Court, New York County (Michael Obus, J.), rendered November 2, 2007, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him to a term of 17 years to life, held in abeyance, and the matter remanded for further proceedings in accordance herewith.
As the court did not warn defendant of the deportation consequences of his guilty plea, he should be afforded the opportunity to move to vacate his plea upon a showing that there is a “reasonable probability” that he would not have pleaded guilty had the court advised him of the possibility of deportation (People v. Peque, 22 N.Y.3d 168, 198, 980 N.Y.S.2d 280, 3 N.E.3d 617 [2013], cert. denied ––– U.S. ––––, 135 S.Ct. 90, 190 L.Ed.2d 75 [2014] ). Accordingly, we remit for the remedy set forth in Peque, 22 N.Y.3d at 200–201, 980 N.Y.S.2d 280, 3 N.E.3d 617, and hold the appeal in abeyance for that purpose (see People v. Fermin, 123 A.D.3d 465, 998 N.Y.S.2d 180 [1st Dept.2014] ).
TOM, J.P., ACOSTA, MOSKOWITZ, RICHTER, JJ., concur.