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People v. Bondoc-Gutierrez

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Aug 19, 2020
186 A.D.3d 726 (N.Y. App. Div. 2020)

Opinion

2016–01111 Ind.No. 10291/13

08-19-2020

The PEOPLE, etc., respondent, v. Emerlito BONDOC–GUTIERREZ, appellant.

Paul Skip Laisure, New York, N.Y. (Angad Singh of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort, and Daniel Berman of counsel), for respondent.


Paul Skip Laisure, New York, N.Y. (Angad Singh of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort, and Daniel Berman of counsel), for respondent.

MARK C. DILLON, J.P., LEONARD B. AUSTIN, COLLEEN D. DUFFY, BETSY BARROS, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Joseph E. Gubbay, J.), rendered June 9, 2015, convicting him of endangering the welfare of a child, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that his plea of guilty was not entered knowingly, intelligently, and voluntarily because the Supreme Court failed to adequately advise him of the immigration consequences of his plea is unpreserved for appellate review as he failed to raise the issue before the court or move to withdraw his plea (see People v. Pastor, 28 N.Y.3d 1089, 1091, 45 N.Y.S.3d 317, 68 N.E.3d 42 ; People v. Peque, 22 N.Y.3d 168, 183, 980 N.Y.S.2d 280, 3 N.E.3d 617 ; People v. Plaza, 178 A.D.3d 958, 112 N.Y.S.3d 581 ; People v. Gustavo–Cano, 149 A.D.3d 1100, 1101, 50 N.Y.S.3d 882 ), and we decline to reach it in the exercise of our interest of justice jurisdiction.

DILLON, J.P., AUSTIN, DUFFY and BARROS, JJ., concur.


Summaries of

People v. Bondoc-Gutierrez

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Aug 19, 2020
186 A.D.3d 726 (N.Y. App. Div. 2020)
Case details for

People v. Bondoc-Gutierrez

Case Details

Full title:The People of the State of New York, respondent, v. Emerlito…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Aug 19, 2020

Citations

186 A.D.3d 726 (N.Y. App. Div. 2020)
186 A.D.3d 726
2020 N.Y. Slip Op. 4568