| People v Barry |
| 2017 NY Slip Op 02879 [149 AD3d 494] |
| April 13, 2017 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Hamadou Barry, Appellant. |
Seymour W. James, Jr., The Legal Aid Society, New York (Arthur H. Hopkirk of counsel),for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jared Wolkowitz of counsel), forrespondent.
Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered April 11,2013, convicting defendant, upon his plea of guilty, of attempted robbery in the third degree, andsentencing him to a term of six 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]). Defendant was informed of his potential deportation by a notice ofimmigration consequences that the People served upon him, in the presence of his attorney and asuitable interpreter, several months before the guilty plea (see e.g. People v Diakite, 135 AD3d 533 [1st Dept 2016], lvdenied 27 NY3d 1131 [2016]), giving defendant the opportunity to raise the issue, andrendering his claim unpreserved. We decline to review his claim in the interest of justice. In anyevent, we find it highly unlikely, given the terms and circumstances of the plea, that defendantcould make the requisite showing of prejudice under Peque (22 NY3d at 198-201) ifgranted a hearing. Concur—Friedman, J.P., Richter, Mazzarelli, Feinman and Gische,JJ.