| People v Diakite |
| 2016 NY Slip Op 00267 [135 AD3d 533] |
| January 14, 2016 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Mady Diakite, Appellant. |
Seymour W. James, Jr., The Legal Aid Society, New York (Laura Lieberman Cohenof counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Grace Vee of counsel), forrespondent.
Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered July22, 2013, convicting defendant, upon his plea of guilty, of criminal possession of forgerydevices (two counts) and scheme to defraud in the first degree, and sentencing him, as asecond felony offender, to an aggregate term of 2
Defendant, who contends that his plea was involuntary because the court neveradvised him that he could be deported as a result of his plea (see People v Peque, 22 NY3d168 [2013]), has not established that the exception to the preservation requirementset forth in Peque (id. at 182-183) should apply. The record demonstratesthat defendant knew of his potential deportation, by virtue of the notice of immigrationconsequences served upon him and the prosecutor's application for an increase in baildue to defendant's prior federal conviction for bank fraud and the fact that he was not aUnited States citizen. Review of defendant's unpreserved claim in the interest of justice isunwarranted, because the circumstances of the plea render it highly unlikely thatdefendant could make the requisite showing of prejudice under Peque (id.at 198-201) if granted a hearing.
We perceive no basis for reducing the sentence. Concur—Tom, J.P., Sweeny,Richter and Manzanet-Daniels, JJ.