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People v. Romero

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 2011
82 A.D.3d 1013 (N.Y. App. Div. 2011)

Opinion

No. 2010-00819.

March 15, 2011.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.), rendered December 22, 2009, convicting him of attempted criminal sexual act in the first degree, sexual abuse in the first degree, and endangering the welfare of a child, upon his plea of guilty, and imposing sentence.

Maureen Galvin Dwyer, Northport, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for respondent.

Before: Covello, J.P., Belen, Hall and Cohen, JJ.


Ordered that the judgment is affirmed.

The record demonstrates that the defendant's plea of guilty was entered knowingly, intelligently, and voluntarily ( see People v Fiumefreddo, 82 NY2d 536, 543; People v Harris, 61 NY2d 9, 17). Contrary to the defendant's contention, his plea was not rendered invalid by the County Court's failure to advise him of the possible immigration consequences of his plea ( see CPL 220.50; People v Ford, 86 NY2d 397, 403; People v Sanchez-Martinez, 35 AD3d 632, 633; cf. Padilla v Kentucky, 559 US ___, 130 S Ct 1473).

The defendant's contention that he was deprived of the effective assistance of counsel rests mainly on matter dehors the record, which cannot be reviewed on direct appeal ( see People v Griffith, 78 AD3d 1194, 1196; People v Wiedmer, 71 AD3d 1067; People v Alexander, 62 AD3d 719, 720). To the extent this contention is reviewable on the record before us, we find that counsel provided the defendant with meaningful representation ( see People v Brooks, 36 AD3d 929, 930; People v Grimes, 35 AD3d 882, 883).


Summaries of

People v. Romero

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 2011
82 A.D.3d 1013 (N.Y. App. Div. 2011)
Case details for

People v. Romero

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OSCAR H. ROMERO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 15, 2011

Citations

82 A.D.3d 1013 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 2039
918 N.Y.S.2d 730

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