| People v Torres |
| 2008 NY Slip Op 07165 [54 AD3d 976] |
| September 23, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JuanG. Torres, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Sarah Spatt ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Nassau County (Honorof, J.),rendered December 9, 2004, convicting him of attempted rape in the third degree, upon his pleaof guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that he was denied the effective assistance of counsel because hisattorney misinformed him as to the possible consequences of his plea with regard to hisimmigration status is not properly before this Court since it is based upon matter that is dehorsthe record (see People v Vargas, 52AD3d 850 [2008]; People vVillacreses, 12 AD3d 624, 626 [2004]).
The defendant's further contention that the plea court erred in failing to advise him that, bypleading guilty to attempted rape in the third degree, he was required to register as a sex offenderpursuant to the Sex Offender Registration Act (Correction Law art 6-C; hereinafter SORA), isunpreserved for appellate review since he did not move to withdraw his plea on that ground(see People v Hussain, 309 AD2d 818 [2003]). Fisher, J.P., Lifson, Covello, Balkin andBelen, JJ., concur.