| People v Ramnaraine |
| 2012 NY Slip Op 01285 [92 AD3d 809] |
| February 14, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Vidyanand Ramnaraine, Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Edward F. X. Hart and DrakeA. Colley of counsel), for respondent.
Appeal by the defendant from an amended judgment of the Supreme Court, Kings County(Brennan, J.), rendered August 2, 2010, revoking a sentence of probation previously imposed bythe County Court, Schenectady County (Cortese, J.), upon a finding that he violated a conditionthereof, upon his admission, and imposing a sentence of imprisonment upon his previousconviction of assault in the second degree.
Ordered that the amended judgment is affirmed.
The defendant failed to preserve for appellate review his claim that his admission to violatingthe conditions of his probation was not voluntary because the Supreme Court failed to advise himabout the deportation consequences of his admission (see CPL 470.05 [2]; People v Vasquez, 85 AD3d 1068[2011]; People v Decker, 83 AD3d731, 732 [2011]). In any event, the Supreme Court's failure to advise the defendant of thepossible deportation consequences of admitting to a probation violation did not render hisadmission involuntary (see CPL 220.50 [7]; People v Ford, 86 NY2d 397, 403[1995]; People v Romero, 82 AD3d1013 [2011]; 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 restson matter dehors the record, which cannot be reviewed on direct appeal (see People v Rohlehr, 87 AD3d603 [2011]; People v Griffith,78 AD3d 1194, 1196 [2010]; People v Wiedmer, 71 AD3d 1067 [2010]). Skelos, J.P., Dickerson,Hall, Roman and Cohen, JJ., concur.