Opinion
2016–05730 Ind. No. 15–00961
11-12-2020
The PEOPLE, etc., respondent, v. Jerson NORBERTO, appellant.
Marshall L. Goldstein, Brewster, NY, for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (William C. Milaccio and Jordan K. Hummel of counsel), for respondent.
Marshall L. Goldstein, Brewster, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (William C. Milaccio and Jordan K. Hummel of counsel), for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, FRANCESCA E. CONNOLLY, PAUL WOOTEN, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Robert A. Neary, J.), rendered March 9, 2016, convicting him of attempted criminal possession of a forged instrument in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that he was deprived of the effective assistance of counsel based upon his attorney's failure to advise him of the immigration consequences of his plea cannot be resolved without reference to matter outside the record, and thus, a CPL 440.10 proceeding is the appropriate forum for reviewing the defendant's ineffective assistance of counsel claim in its entirety (see People v. Gustavo–Cano, 149 A.D.3d 1100, 1101, 50 N.Y.S.3d 882 ).
The defendant's remaining contention is without merit.
BALKIN, J.P., CHAMBERS, COHEN, CONNOLLY and WOOTEN, JJ., concur.