Opinion
4552 Ind. 3326/11
06-25-2019
The PEOPLE of the State of New York, Respondent, v. Jose BERMUDEZ, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Arielle Reid of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Paul A. Andersen of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Arielle Reid of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Paul A. Andersen of counsel), for respondent.
Sweeny, J.P., Manzanet–Daniels, Kahn, Gesmer, JJ.
Judgment, Supreme Court, Bronx County (Patricia DiMango, J.), rendered August 6, 2013, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him to a term of 3½ years, unanimously reversed, on the law, the plea vacated, and the matter remanded for further proceedings.
This Court previously remitted this matter to Supreme Court for a hearing on Peque grounds ( People v. Peque, 22 N.Y.3d 168, 200, 980 N.Y.S.2d 280, 3 N.E.3d 617 [2013], cert denied sub nom. Thomas v. New York, 574 U.S. ––––, 135 S. Ct. 90, 190 L.Ed.2d 75 [2014] ), and held this appeal in abeyance for that purpose ( 154 A.D.3d 410, 411, 62 N.Y.S.3d 57 [1st Dept. 2017] ). Supreme Court (Ralph Fabrizio, J. at hearing) found that there is a reasonable possibility that defendant would not have pleaded guilty had the court advised him of the possibility of deportation as a result of his plea, and the People do not seek to challenge that determination. Accordingly, we vacate the conviction and remand this matter for further proceedings consistent with this decision and order.