People v Salmon

2012 NY Slip Op 05445 [97 AD3d 608]

July 5, 2012

Appellate Division, Second Department

As corrected through Wednesday, August 22, 2012

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

—[*1]Terry D. Horner, Poughkeepsie, N.Y., for appellant.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.),rendered April 22, 2010, convicting him of criminal sale of a controlled substance in the thirddegree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that his counsel was ineffective for failing to inform him of thedeportation consequences of his plea of guilty (see Padilla v Kentucky, 559 US —,130 S Ct 1473 [2010]). Since the record does not conclusively demonstrate that the defendant'scounsel failed to inform the defendant of the deportation consequences of his plea, thedefendant's claim cannot be resolved without reference to matter outside the record, and theclaim, thus, cannot be reviewed on direct appeal (see People v Freeman, 93 AD3d 805, 806 [2012]; People v Romero, 82 AD3d 1013[2011]; People v Griffith, 78 AD3d1194, 1196 [2010]). Rivera, J.P., Eng, Lott and Cohen, JJ., concur.