| People v Martinez |
| 2017 NY Slip Op 01632 [148 AD3d 422] |
| March 2, 2017 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Gustavo Martinez, Appellant. |
Seymour W. James, Jr., The Legal Aid Society, New York (Joanne Legano Ross of counsel),for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Malancha Chanda of counsel), forrespondent.
Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered April 24,2014, convicting defendant, upon his plea of guilty, of attempted criminal contempt in the seconddegree, and sentencing him to a term of four months, unanimously affirmed.
Defendant has not established that the narrow exception to the preservation requirementapplies to his Peque claim (seePeople v Peque, 22 NY3d 168, 182-183 [2013], cert denied 574 US &mdash,135 S Ct 90 [2014]). The record establishes that defendant was informed of his potentialdeportation by way of the notice of immigration consequences served upon him by the Peoplemonths before his guilty plea (see e.g.People v Diakite, 135 AD3d 533 [1st Dept 2016], lv denied 27 NY3d 1131[2016]). We decline to review this unpreserved claim in the interest of justice. In any event, thecircumstances of the plea render it highly unlikely that defendant could make the requisiteshowing of prejudice under Peque (22 NY3d at 198-201) if granted a hearing.Concur—Friedman, J.P., Andrias, Feinman, Kapnick and Gesmer, JJ.