Opinion
8341 Ind. 3350/14
02-07-2019
The PEOPLE of the State of New York, Respondent, v. Juan RAMOS, Defendant–Appellant.
Barry A. Weinstein, Bronx, for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Alexander Michaels of counsel), for respondent.
Barry A. Weinstein, Bronx, for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alexander Michaels of counsel), for respondent.
Acosta, P.J., Gische, Kapnick, Gesmer, Singh, JJ.
Defendant's claim that his counsel provided him with ineffective assistance regarding the immigration consequences of his plea (see Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 [2010] ) is unreviewable on direct appeal because it involves matters not reflected in the record, and thus requires a CPL 440.10 motion (see People v. Pastor, 28 N.Y.3d 1089, 1091, 45 N.Y.S.3d 317, 68 N.E.3d 42 [2016] ). Defendant's assertion that a Padilla claim may be established by the absence of any record evidence of counsel's immigration advice is contrary to law.