Opinion
02-07-2017
The PEOPLE of the State of New York, Respondent, v. Alo ABLAKATOV, Defendant–Appellant.
Richard M. Greenberg, Office of the Appellate Defender, New York (Kate Mollison of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Joshua L. Haber of counsel), for respondent.
Richard M. Greenberg, Office of the Appellate Defender, New York (Kate Mollison of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Joshua L. Haber of counsel), for respondent.
Appeal from judgment, Supreme Court, New York County (Gregory Carro, J.), rendered December 9, 2009, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him to a term of 2 ½ years, held in abeyance, and the matter remanded for further proceedings in accordance herewith.
As the People concede, because 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 574 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 ).
FRIEDMAN, J.P., ANDRIAS, MOSKOWITZ, KAPNICK, KAHN, JJ., concur.