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People v. Mohammad

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 29, 2017
2017 N.Y. Slip Op. 2447 (N.Y. App. Div. 2017)

Opinion

2014-05964

03-29-2017

The People of the State of New York, respondent, v. Aamir Shaikh Mohammad, appellant.

Goldstein & Weinstein, Bronx, NY (David J. Goldstein of counsel), for appellant. Madeline Singas, District Attorney, Mineola, NY (Daniel Bresnahan and Pamela Kelly-Pincus of counsel), for respondent.


SANDRA L. SGROI SYLVIA O. HINDS-RADIX HECTOR D. LASALLE, JJ. (Ind. No. 2076/12)

Goldstein & Weinstein, Bronx, NY (David J. Goldstein of counsel), for appellant.

Madeline Singas, District Attorney, Mineola, NY (Daniel Bresnahan and Pamela Kelly-Pincus of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Delligatti, J.), rendered December 19, 2013, convicting him of criminal sexual act in the third 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 NY3d 168, 183; People v Egbunike, 133 AD3d 776, 777; People v DiPietro, 115 AD3d 977). In any event, the contention is belied by the record, which reveals that both the defendant's counsel 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 Pastor, 28 NY3d 1089; People v Egbunike, 133 AD3d at 777; People v Martial, 125 AD3d 688, 689; People v DiPietro, 115 AD3d 977).

LEVENTHAL, J.P., SGROI, HINDS-RADIX and LASALLE, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Mohammad

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 29, 2017
2017 N.Y. Slip Op. 2447 (N.Y. App. Div. 2017)
Case details for

People v. Mohammad

Case Details

Full title:The People of the State of New York, respondent, v. Aamir Shaikh Mohammad…

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

Date published: Mar 29, 2017

Citations

2017 N.Y. Slip Op. 2447 (N.Y. App. Div. 2017)