People v Vasquez
2011 NY Slip Op 05537 [85 AD3d 1068]
June 21, 2011
Appellate Division, Second Department
As corrected through Wednesday, August 10, 2011


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

[*1]Mark Diamond, New York, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Robert H. Middlemiss of counsel),for respondent.

Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.),rendered November 7, 2008, convicting him of rape in the first degree, upon his plea of guilty,and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that his plea of guilty was not knowingly, voluntarily, andintelligently entered because he was not advised that he would have to register as a sex offenderis unpreserved for appellate review (see CPL 470.05 [2]; People v Hussain, 309AD2d 818 [2003]) and, in any event, without merit (see People v Gravino, 14 NY3d 546, 550 [2010]). In addition, thedefendant's contention that his plea of guilty was not knowingly, voluntarily, and intelligentlyentered because he was not properly advised by the County Court about the deportationconsequences of the plea is unpreserved for appellate review (see CPL 470.05 [2];People v Mesquite, 234 AD2d 395 [1996]) and, in any event, without merit (seePeople v Ford, 86 NY2d 397, 403-404 [1995]; CPL 220.50 [7]). Finally, the defendant'scontention that his plea of guilty was not knowingly, voluntarily, and intelligently enteredbecause he was not advised about the issuance of an order of protection is unpreserved forappellate review (see CPL 470.05 [2]; People v Dixon, 16 AD3d 517 [2005]) and, in any event, withoutmerit (see People v Margillo, 69AD3d 655, 655-656 [2010]). Skelos, J.P., Dickerson, Hall, Austin and Miller, JJ., concur.


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