| People v Belliard |
| 2016 NY Slip Op 00033 [135 AD3d 437] |
| January 7, 2016 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Christopher Belliard, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno ofcounsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Clara Salzberg of counsel), forrespondent.
Appeal from judgment, Supreme Court, Bronx County (William I. Mogulescu, J., atplea; George R. Villegas, J., at sentencing), rendered March 1, 2013, convictingdefendant of robbery in the third degree, and sentencing him to a term of1
During the plea proceeding, the court asked defense counsel if he had discussed withdefendant the "immigration consequences of this guilty plea." Defense counsel replied,"Yes. It's not applicable in this case." Despite an additional reference to "immigrationconsequences," the court did not advise defendant that if he was not a United Statescitizen, he could be deported as a result of his plea, as required under People v Peque (22 NY3d168 [2013], cert denied 574 US &mdash, 135 S Ct 90 [2014]), which applies to cases on direct appeal (People v Brazil, 123 AD3d466 [1st Dept 2014], lv denied 25 NY3d 1198 [2015]). Therefore, defendantshould be afforded the opportunity to move to vacate his plea upon a showing that thereis a "reasonable probability" that he would not have pleaded guilty had the court advisedhim of the possibility of deportation (Peque, 22 NY3d at 198).
Accordingly, we remit for the remedy set forth in Peque (22 NY3d at200-201), and we hold the appeal in abeyance for that purpose. Concur—Acosta,J.P., Andrias, Manzanet-Daniels and Kapnick, JJ.