| People v Fernandez |
| 2017 NY Slip Op 02060 [148 AD3d 1052] |
| March 22, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Alexander Fernandez, Appellant. |
Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Lauren Tan of counsel), forrespondent.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Cohen, J.),rendered January 13, 2015, convicting him of attempted assault in the second degree, upon hisplea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the Supreme Court failed to properly advise him of theimmigration consequences of his plea of guilty is unpreserved for appellate review, as he failedto raise the issue or move to withdraw his plea despite indication on the record that he was awareof the immigration consequences of pleading guilty (see People v Pastor, 28 NY3d 1089 [2016]; People v Peque, 22 NY3d 168,182-183 [2013]; People v Stewart,142 AD3d 629 [2016]). In any event, that contention is without merit (see People vPeque, 22 NY3d at 197; People vEgbunike, 133 AD3d 776, 777 [2015]; People v Martial, 125 AD3d 688, 689 [2015]).
To the extent that the defendant raises a claim predicated on Padilla v Kentucky (559US 356 [2010]), the record does not demonstrate whether defense counsel misadvised or failed toadvise him about the possibility of deportation before he pleaded guilty. A motion pursuant toCPL 440.10 is the appropriate forum for reviewing any such claim which relates to matters noton the record (see People v Pastor,28 NY3d 1089 [2016]; People v Peque, 22 NY3d at 202; People v Drammeh, 100 AD3d650, 651 [2012]). Rivera, J.P., Leventhal, Hall and Duffy, JJ., concur.