Opinion
11-18-2015
The PEOPLE, etc., respondent, v. Emmanuel C. EGBUNIKE, appellant.
Del Atwell, East Hampton, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Jennifer Spencer and Laurie Sapakoff of counsel; Jack Peterson–Daily on the brief), for respondent.
Del Atwell, East Hampton, N.Y., for appellant.
Janet DiFiore, District Attorney, White Plains, N.Y. (Jennifer Spencer and Laurie Sapakoff of counsel; Jack Peterson–Daily on the brief), for respondent.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered December 17, 2013, convicting him of grand larceny in the fourth degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the Supreme Court failed to inform him of the immigration consequences of his plea of guilty is unpreserved for appellate review (see People v. Peque, 22 N.Y.3d 168, 183, 980 N.Y.S.2d 280, 3 N.E.3d 617; People v. DiPietro, 115 A.D.3d 977, 982 N.Y.S.2d 397). In any event, that contention is belied by the record, which reveals that both the prosecutor and the court advised the defendant of the possibility that he would be deported as a result of his plea of guilty (see People v. Martial, 125 A.D.3d 688, 689, 2 N.Y.S.3d 591; People v. Taveras, 123 A.D.3d 745, 997 N.Y.S.2d 490; People v. DiPietro, 115 A.D.3d 977, 982 N.Y.S.2d 397).
The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344; People v. Lopez, 6 N.Y.3d 248, 254, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Seaberg, 74 N.Y.2d 1, 11, 543 N.Y.S.2d 968, 541 N.E.2d 1022).
The defendant's remaining contention is without merit.
BALKIN, J.P., CHAMBERS, COHEN and HINDS–RADIX, JJ., concur.