Opinion
04-28-2015
The PEOPLE of the State of New York, Respondent, v. Gary McINTOSH, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Allen J. Vickey of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Allen J. Vickey of counsel), for respondent.
Opinion
Judgment, Supreme Court, New York County (Maxwell Wiley, J.), rendered June 30, 2010, convicting defendant, upon his plea of guilty, of identity theft in the first degree, and sentencing him to a term of one to three years, unanimously affirmed.
Defendant is not entitled to relief under People v. Peque, 22 N.Y.3d 168, 980 N.Y.S.2d 280, 3 N.E.3d 617 (2013). Initially, we note that defendant has not established that the exception to the preservation requirement set forth in Peque (id. at 182–183, 980 N.Y.S.2d 280, 3 N.E.3d 617 ) should apply, and we decline to review defendant's unpreserved claim in the interest of justice. As an alternative holding, we reject it on the merits. By advising defendant that his plea could result in deportation, the court satisfied the basic requirement of Peque (id. at 176, 980 N.Y.S.2d 280, 3 N.E.3d 617 ).
GONZALEZ, P.J., MAZZARELLI, RENWICK, GISCHE, JJ., concur.