| People v DiPietro |
| 2014 NY Slip Op 02073 [115 AD3d 977] |
| March 26, 2014 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Amerigo DiPietro, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Raffaelina Gianfrancesco andRichard Longworth Hecht of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County(Holdman, J., at plea; Molea, J., at sentencing), rendered February 9, 2011, convictinghim of grand larceny in the second degree (three counts), scheme to defraud in the firstdegree, and conspiracy in the fourth degree, upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant contends that his plea of guilty was not knowing and voluntarybecause the prosecutor, who conducted much of the plea proceeding under thesupervision of the Supreme Court, misadvised him of the deportation consequences ofhis plea of guilty. This contention is unpreserved for appellate review (see People v Peque, 22 NY3d168 [2013]; People vMurray, 15 NY3d 725 [2010]). In any event, the contention is without merit.The Supreme Court, through the prosecutor (see People v Bethune, 91 AD3d 966 [2012]), properlydischarged its duty to inform the defendant of the immigration consequences of his pleaof guilty (see People v Peque, 22 NY3d at 197).
The defendant's remaining contention is unpreserved for appellate review and, in anyevent, without merit. Mastro, J.P., Chambers, Austin and Miller, JJ., concur.