People v Stewart
2016 NY Slip Op 05821 [142 AD3d 629]
August 17, 2016
Appellate Division, Second Department
As corrected through Wednesday, September 28, 2016


[*1]
 The People of the State of New York,Respondent,
v
Tyrone Stewart, Appellant.

Seymour W. James, Jr., New York, NY (Elizabeth L. Isaacs and Andrew C. Fine ofcounsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano,Johnnette Traill, Roni C. Piplani, and Meredith D'Angelo of counsel), forrespondent.

Appeals by the defendant from (1) a judgment of the Supreme Court, Queens County(Chin-Brandt, J.), rendered June 14, 2013, convicting him of criminal possession ofstolen property in the fifth degree under Superior Court information No. 571/13, uponhis plea of guilty, and imposing sentence, and (2) a judgment of the same court renderedJuly 15, 2013, convicting him of attempted criminal possession of stolen property in thethird degree under Superior Court information No. 1591/13, upon his plea of guilty, andimposing sentence.

Ordered that the judgments are affirmed.

The defendant's contentions regarding the Supreme Court's failure to advise him ofthe immigration consequences of his pleas of guilty are unpreserved for appellate review,as he failed to raise the issues or move to withdraw his pleas despite indication on therecord that he was aware of the immigration consequences of pleading guilty (see People v Peque, 22 NY3d168, 182-183 [2013];People v Balbuena, 123 AD3d 1384, 1385-1386 [2014]; cf. People v Odle, 134 AD3d1132, 1133 [2015]; Peoplev Charles, 117 AD3d 1073, 1074 [2014]). We decline to reach the issues in theexercise of our interest of justice jurisdiction (see People v Rodriguez, 115 AD3d 884 [2014]). Rivera,J.P., Balkin, Hinds-Radix and Barros, JJ., concur.


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