Opinion
8780 Ind. 5031/10
03-26-2019
The PEOPLE of the State of New York, Respondent, v. Manuel ARIAS, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno, Brooklyn, of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno, Brooklyn, of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.
Sweeny, J.P., Richter, Tom, Kapnick, Oing, JJ.
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 the potential for deportation when he was served with a notice of immigration consequences in the presence of his attorney long before his guilty plea (see e. g. People v. Delorbe 165 A.D.3d 531, 531, 83 N.Y.S.3d 900 [1st Dept. 2018], lv granted 32 N.Y.3d 1125, 93 N.Y.S.3d 263, 117 N.E.3d 822 [2018] ; People v. Martinez, 148 A.D.3d 422, 423, 47 N.Y.S.3d 708 [1st Dept. 2017], lv denied 29 N.Y.3d 1130, 64 N.Y.S.3d 680, 86 N.E.3d 572 [2017] ).
We decline to review defendant's unpreserved claim in the interest of justice. In any event, the circumstances render it highly unlikely that defendant could make the requisite showing of prejudice (see Peque, 22 N.Y.3d at 198–201, 980 N.Y.S.2d 280, 3 N.E.3d 617 ).