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People v. Norbekov

Supreme Court, Appellate Division, Fourth Department, New York.
Mar 26, 2021
192 A.D.3d 1679 (N.Y. App. Div. 2021)

Opinion

296 KA 20-01163

03-26-2021

The PEOPLE of the State of New York, Respondent, v. Nurbek NORBEKOV, Defendant-Appellant.

MATTHEW K. BOROWSKI, BUFFALO, FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (ASHLEY R. LOWRY OF COUNSEL), FOR RESPONDENT.


MATTHEW K. BOROWSKI, BUFFALO, FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (ASHLEY R. LOWRY OF COUNSEL), FOR RESPONDENT.

PRESENT: SMITH, J.P., CARNI, LINDLEY, TROUTMAN, AND BANNISTER, JJ.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of endangering the welfare of a child ( Penal Law § 260.10 [1] ), defendant contends that defense counsel failed to advise him of the immigration consequences of his plea and that he was thereby denied effective assistance of counsel. On this record, however, it is unclear what advice defendant received from defense counsel. Defendant's contention therefore involves allegations of deficient performance of counsel that do not appear on the record, and thus it must be raised by way of a motion pursuant to CPL 440.10 (see People v. Rajab , 133 A.D.3d 1241, 1242, 20 N.Y.S.3d 772 [4th Dept. 2015], lv denied 27 N.Y.3d 1154, 39 N.Y.S.3d 388, 62 N.E.3d 128 [2016] ; see generally People v. Gomez , 186 A.D.3d 422, 423, 129 N.Y.S.3d 60 [1st Dept. 2020] ).


Summaries of

People v. Norbekov

Supreme Court, Appellate Division, Fourth Department, New York.
Mar 26, 2021
192 A.D.3d 1679 (N.Y. App. Div. 2021)
Case details for

People v. Norbekov

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Nurbek NORBEKOV…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Mar 26, 2021

Citations

192 A.D.3d 1679 (N.Y. App. Div. 2021)
192 A.D.3d 1679