Opinion
No. 2020-366 N CR
05-23-2022
The People of the State of New York, Respondent, v. Carlos A. Granados, Appellant.
Nassau County Legal Aid Society (Tammy Feman and Argun M. Ulgen of counsel), for appellant. Nassau County District Attorney (Daniel Bresnahan, Andrew Fukuda and Benjamin Kussman of counsel), for respondent.
Unpublished Opinion
Nassau County Legal Aid Society (Tammy Feman and Argun M. Ulgen of counsel), for appellant.
Nassau County District Attorney (Daniel Bresnahan, Andrew Fukuda and Benjamin Kussman of counsel), for respondent.
PRESENT:: TIMOTHY S. DRISCOLL, J.P., HELEN VOUTSINAS, BARRY E. WARHIT, JJ
Appeal, by permission, from an order of the District Court of Nassau County, First District (Rhonda E. Fischer, J.), entered November 4, 2019. The order denied, without a hearing, defendant's motion pursuant to CPL 440.10 (1) (h) to vacate a judgment of that court rendered January 31, 2018 convicting him, upon his plea of guilty, of attempted criminal possession of a controlled substance in the seventh degree, and imposing sentence.
ORDERED that the order is affirmed.
On January 31, 2018, defendant was convicted, upon his plea of guilty, of attempted criminal possession of a controlled substance in the seventh degree (Penal Law §§ 110.00, 220.03). By notice of motion dated July 8, 2019, defendant moved, pursuant to CPL 440.10 (1) (h), to vacate the judgment of conviction on the ground that, at the plea proceeding, his attorney failed to advise him about the immigration consequences of his plea (see Padilla v Kentucky, 559 U.S. 356 [2010]). The People opposed the motion, and, in an order entered November 4, 2019, the District Court, without a hearing, denied defendant's motion.
We find that defendant's motion, based on a claim of ineffective assistance of counsel (see CPL 440.10 [1] [h]), was, under both the United States and New York State standards (see U.S. Const Amend VI; NY Const, art I, § 6), properly denied without a hearing (see CPL 440.30 [4] [a]) since the record demonstrates that, prior to entering his guilty plea, defendant was indisputably made aware by both his attorney and the court that he could be deported as a result of the plea (see People v Lopez, 65 Misc.3d 156 [A], 2019 NY Slip Op 51960[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2019]; People v Moreno, 58 Misc.3d 160 [A], 2018 NY Slip Op 50289[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2018]). Based upon these clear admonitions, defendant cannot establish that he was prejudiced by the alleged deficiencies in his attorney's advice (see Jae Lee v United States, 582 U.S. ___, ___, 137 S.Ct. 1958, 1968 n 4 [2017]; Lopez, 2019 NY Slip Op 51960[U]; Moreno, 2018 NY Slip Op 50289[U]).
Accordingly, the order is affirmed.
DRISCOLL, J.P., and WARHIT, J., concur.
VOUTSINAS, J., taking no part.