People v. Tapia

3 Citing cases

  1. People v. Mejia

    No. 2016-03586 (N.Y. App. Div. Jun. 30, 2021)

    Under the circumstances of this case, we decline to exercise our interest of justice jurisdiction to review the unpreserved claim (see People v Garcia-Collado, 151 A.D.3d 982). "'Due process compels a trial court to apprise a defendant that, if the defendant is not an American citizen, he or she may be deported as a consequence of a guilty plea to a felony'" (People v Delorbe, 35 N.Y.3d 112, 115, quoting People v Peque, 22 N.Y.3d 168, 176; see People v Suazo, 32 N.Y.3d 491, 503; People v Tapia, 192 A.D.3d 706, 707). A defendant's claim that a plea of guilty is invalid must be preserved via a motion to withdraw the plea on the same grounds subsequently alleged on appeal or a motion to vacate the judgment of conviction pursuant to CPL 440.10 (see People v Delorbe, 35 N.Y.3d at 119; People v Peque, 22 N.Y.3d at 182).

  2. People v. Mejia

    No. 2021-04152 (N.Y. App. Div. Jun. 30, 2021)

    Under the circumstances of this case, we decline to exercise our interest of justice jurisdiction to review the unpreserved claim (see People v Garcia-Collado, 151 A.D.3d 982). "'Due process compels a trial court to apprise a defendant that, if the defendant is not an American citizen, he or she may be deported as a consequence of a guilty plea to a felony'" (People v Delorbe, 35 N.Y.3d 112, 115, quoting People v Peque, 22 N.Y.3d 168, 176; see People v Suazo, 32 N.Y.3d 491, 503; People v Tapia, 192 A.D.3d 706, 707). A defendant's claim that a plea of guilty is invalid must be preserved via a motion to withdraw the plea on the same grounds subsequently alleged on appeal or a motion to vacate the judgment of conviction pursuant to CPL 440.10 (see People v Delorbe, 35 N.Y.3d at 119; People v Peque, 22 N.Y.3d at 182).

  3. People v. Mejia

    2021 N.Y. Slip Op. 4152 (N.Y. App. Div. 2021)

    Under the circumstances of this case, we decline to exercise our interest of justice jurisdiction to review the unpreserved claim (see People v Garcia-Collado, 151 AD3d 982). "'Due process compels a trial court to apprise a defendant that, if the defendant is not an American citizen, he or she may be deported as a consequence of a guilty plea to a felony'" (People v Delorbe, 35 NY3d 112, 115, quoting People v Peque, 22 NY3d 168, 176; see People v Suazo, 32 NY3d 491, 503; People v Tapia, 192 AD3d 706, 707). A defendant's claim that a plea of guilty is invalid must be preserved via a motion to withdraw the plea on the same grounds subsequently alleged on appeal or a motion to vacate the judgment of conviction pursuant to CPL 440.10 (see People v Delorbe, 35 NY3d at 119; People v Peque, 22 NY3d at 182).