| People v Rodriguez |
| 2014 NY Slip Op 01774 [115 AD3d 884] |
| March 19, 2014 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Yenfri Rodriguez, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County(Kahn, J.), rendered March 5, 2010, convicting him of criminal sexual act in the firstdegree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Since the record does not conclusively demonstrate whether the defendant's counseladvised him of the immigration consequences of his plea of guilty, the defendant'scontention that his counsel was ineffective for failing to do so cannot be reviewed ondirect appeal; rather, the contention may be appropriately reviewed on a motion pursuantto CPL 440.10 (see People vPeque, 22 NY3d 168, 202 [2013]; People v Haffiz, 19 NY3d 883, 884 [2012]; People v Drammeh, 100 AD3d650, 651 [2012]). The defendant's contention regarding the County Court's failure toadvise him of the immigration consequences of his plea of guilty is unpreserved forappellate review, as he failed to raise the issue or move to withdraw his plea despite theindication on the record that he was aware of the immigration issue by the time ofsentencing (see People v Peque, 22 NY3d at 182-183), and we decline to reach itin the exercise of our interest of justice jurisdiction. Skelos, J.P., Lott, Roman andCohen, JJ., concur.