Opinion
2015–02485 Ind. No. 2051/14
06-12-2019
The PEOPLE, etc., Respondent, v. Abdelhak EL HOR, Appellant.
Paul Skip Laisure, New York, N.Y. (Jenin Younes of counsel), for appellant. John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Jenin Younes of counsel), for appellant.
John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel), for respondent.
REINALDO E. RIVERA, J.P., JEFFREY A. COHEN, SYLVIA O. HINDS–RADIX, JOSEPH J. MALTESE, JJ.
DECISION & ORDERAppeal by the defendant from a judgment of the Supreme Court, Queens County (Barry Kron J.), rendered December 9, 2014, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence. By decision and order dated February 6, 2019, this Court remitted the matter to the Supreme Court, Queens County, to afford the defendant an opportunity to move to vacate his plea of guilty, and thereafter for the submission of a report by the Supreme Court on any such motion, and the appeal was held in abeyance in the interim (see People v. El Hor , 169 A.D.3d 713, 91 N.Y.S.3d 728 ). The Supreme Court has filed its report.
ORDERED that the judgment is affirmed.
In a prior decision and order, this Court remitted the matter to the Supreme Court, Queens County, to afford the defendant an opportunity to move to vacate his plea of guilty based on the failure of the Supreme Court to advise the defendant of the possibility that he would be deported as a consequence of his plea (see People v. El Hor , 169 A.D.3d 713, 91 N.Y.S.3d 728 ). At the hearing upon remittitur, defense counsel indicated that, upon further investigation into the matter, no such motion would be forthcoming. Therefore, since no other issue was raised in the defendant's brief on appeal warranting reversal, we affirm the judgment.
RIVERA, J.P., COHEN, HINDS–RADIX and MALTESE, JJ., concur.