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People v. Iglesias

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 12, 2020
188 A.D.3d 914 (N.Y. App. Div. 2020)

Opinion

2019–01554 Ind.No. 1087/13

11-12-2020

The PEOPLE, etc., respondent, v. Brian IGLESIAS, appellant.

Arza Feldman, Manhasset, N.Y. (Steven A. Feldman of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, N.Y. (Johnnette Traill, Ellen C. Abbot, and Jessica Coalter of counsel), for respondent.


Arza Feldman, Manhasset, N.Y. (Steven A. Feldman of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, N.Y. (Johnnette Traill, Ellen C. Abbot, and Jessica Coalter of counsel), for respondent.

RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, FRANCESCA E. CONNOLLY, PAUL WOOTEN, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Barry Kron, J.), rendered May 23, 2018, convicting him of burglary in the second degree (two counts), upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant contends that his plea of guilty was involuntary because the Supreme Court did not advise him of the possibility that he could be deported as a consequence of his plea (see generally People v. Peque, 22 N.Y.3d 168, 980 N.Y.S.2d 280, 3 N.E.3d 617 ). Where, as here, nothing in the record contradicts defense counsel's statement that the defendant was a United States citizen, the defendant's contention is not properly before this Court on this direct appeal (see People v. Williams, 178 A.D.3d 1095, 1095, 115 N.Y.S.3d 401 ).

BALKIN, J.P., CHAMBERS, COHEN, CONNOLLY and WOOTEN, JJ., concur.


Summaries of

People v. Iglesias

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 12, 2020
188 A.D.3d 914 (N.Y. App. Div. 2020)
Case details for

People v. Iglesias

Case Details

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

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

Date published: Nov 12, 2020

Citations

188 A.D.3d 914 (N.Y. App. Div. 2020)
188 A.D.3d 914
2020 N.Y. Slip Op. 6548