Opinion
03-02-2017
The PEOPLE of the State of New York Respondent, v. Gustavo MARTINEZ, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Joanne Legano Ross of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Malancha Chanda of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Joanne Legano Ross of counsel), for appellant.Cyrus R. Vance, Jr., District Attorney, New York (Malancha Chanda of counsel), for respondent.
Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered April 24, 2014, convicting defendant, upon his plea of guilty, of attempted criminal contempt in the second degree, and sentencing him to a term of four months, unanimously affirmed.Defendant has not established that the narrow exception to the preservation requirement applies to his Peque claim (see People v. Peque, 22 N.Y.3d 168, 182–183, 980 N.Y.S.2d 280, 3 N.E.3d 617 [2013], cert. denied 574 U.S. –––, 135 S.Ct. 90, 190 L.Ed.2d 75 [2014] ). The record establishes that defendant was informed of his potential deportation by way of the notice of immigration consequences served upon him by the People months before his guilty plea (see e.g. People v. Diakite, 135 A.D.3d 533, 24 N.Y.S.3d 584 [1st Dept.2016], lv. denied 27 N.Y.3d 1131, 39 N.Y.S.3d 113, 61 N.E.3d 512 [2016] ). We decline to review this unpreserved claim in the interest of justice. In any event, the circumstances of the plea render it highly unlikely that defendant could make the requisite showing of prejudice under Peque, 22 N.Y.3d at 198–201, 980 N.Y.S.2d 280, 3 N.E.3d 617 if granted a hearing.
FRIEDMAN, J.P., ANDRIAS, FEINMAN, KAPNICK, GESMER, JJ., concur.