| People v Doumbia |
| 2007 NY Slip Op 09102 [45 AD3d 436] |
| November 20, 2007 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Hamed Doumbia, Also Known as Amed Doumbia,Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Hilary Hassler of counsel), forrespondent.
Judgments, Supreme Court, New York County (Bruce Allen, J.), rendered January 11, 2005,convicting defendant, upon his pleas of guilty, of criminal sale of a controlled substance in thefourth degree and criminal possession of a controlled substance in the third degree, andsentencing him to concurrent terms of 1 to 3 years, unanimously affirmed.
Defendant's unpreserved challenges to the validity of his pleas do not come within thenarrow exception to the preservation requirement (see People v Toxey, 86 NY2d 725[1995]; People v Lopez, 71 NY2d 662 [1988]), and we decline to review them in theinterest of justice. Were we to review these claims, we would find that since defendant expresslystated that he spoke and understood English at the first plea proceeding, and indeed demonstratedthat fact, there was no reason to provide an interpreter at any of the plea and sentencingproceedings, even though the court provided an interpreter at defendant's request at the secondplea proceeding (see People vMontano, 25 AD3d 323 [2006], lv denied 6 NY3d 851 [2006]). The record alsorefutes defendant's assertion that the court misinformed him about the immigration consequencesof his plea (see CPL 220.50 [7]; Zhang v United States, — F3d —,2007 WL 3071644, 2007 US App LEXIS 24731 [2d Cir 2007]). Concur—Tom, J.P.,Mazzarelli, Saxe, Nardelli and Kavanagh, JJ.