Opinion
2019–14544 Ind. No. 97/19
12-20-2023
The PEOPLE, etc., respondent, v. Aron D. PICKETT, appellant.
Steven A. Feldman, Manhasset, NY, for appellant. William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
Steven A. Feldman, Manhasset, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, LARA J. GENOVESI, LOURDES M. VENTURA, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the County Court, Dutchess County (Peter M. Forman, J.), rendered November 14, 2019, convicting him of criminal sale of a controlled substance in the third degree, 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 County Court did not advise him of the possibility that he would 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 ). Under the circumstances of this case, where nothing in the record contradicts the defendant's statement made under oath, at the plea proceeding, that he was a citizen of the United States, or the information in the Department of Probation presentence investigation report indicating that the defendant was a United States citizen, we reject the defendant's contention (see People v. Rolling, 186 A.D.3d 1264, 127 N.Y.S.3d 874 ; People v. Williams, 178 A.D.3d 1095, 115 N.Y.S.3d 401 ; People v. Tull, 159 A.D.3d 1387, 72 N.Y.S.3d 675 ).
The defendant's contention that the sentence imposed violated the Eighth Amendment to the United States Constitution and article I, section 5, of the New York State Constitution prohibiting cruel and unusual punishment is unpreserved for appellate review (see People v. Pena, 28 N.Y.3d 727, 730, 49 N.Y.S.3d 342, 71 N.E.3d 930 ; People v. Cerasaro, 179 A.D.3d 832, 113 N.Y.S.3d 884 ), and, in any event, without merit (see People v. Parsley, 150 A.D.3d 894, 896, 55 N.Y.S.3d 267 ; People v. Miller, 74 A.D.3d 1097, 1097, 903 N.Y.S.2d 131 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
DILLON, J.P., CHAMBERS, GENOVESI and VENTURA, JJ., concur.