People v Romero
2011 NY Slip Op 02039 [82 AD3d 1013]
March 15, 2011
Appellate Division, Second Department
As corrected through Wednesday, May 11, 2011


The People of the State of New York, Respondent,
v
OscarH. Romero, Appellant.

[*1]Maureen Galvin Dwyer, Northport, N.Y. , for appellant.

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

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.

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 [1993];People v Harris, 61 NY2d 9, 17 [1983]). Contrary to the defendant's contention, his pleawas not rendered invalid by the County Court's failure to advise him of the possible immigrationconsequences of his plea (see CPL 220.50 [7]; People v Ford, 86 NY2d 397, 403[1995]; People v Sanchez-Martinez,35 AD3d 632, 633 [2006]; cf. Padilla v Kentucky, 559 US —, 130 S Ct 1473[2010]).

The defendant's contention that he was deprived of the effective assistance of counsel restsmainly on matter dehors the record, which cannot be reviewed on direct appeal (see People v Griffith, 78 AD3d1194, 1196 [2010]; People vWiedmer, 71 AD3d 1067 [2010]; People v Alexander, 62 AD3d 719, 720 [2009]). To the extent thiscontention is reviewable on the record before us, we find that counsel provided the defendantwith meaningful representation (seePeople v Brooks, 36 AD3d 929, 930 [2007]; People v Grimes, 35 AD3d 882, 883 [2006]). Covello, J.P., Belen,Hall and Cohen, JJ., concur.


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