| People v Jimenez |
| 2017 NY Slip Op 03460 [150 AD3d 408] |
| May 2, 2017 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Rosa Jimenez, Appellant. |
Seymour W. James, Jr., The Legal Aid Society, New York (Harold V. Ferguson, Jr. ofcounsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Oliver McDonald of counsel), forrespondent.
Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J. at plea; Marcy L.Kahn, J. at sentencing), rendered May 13, 2015, convicting defendant of criminal possession of acontrolled substance in the fifth degree, and sentencing her to three years' probation, unanimouslyaffirmed.
Defendant's contention that the plea court failed to advise her of the true immigrationconsequences of her plea is unpreserved (see People v Peque, 22 NY3d 168, 182-183 [2013], certdenied 574 US &mdash, 135 S Ct 90 [2014]), and we decline to review it in the interest ofjustice. As an alternative holding, we find that the court met its obligation under Peque(see id. at 196-197) by warning defendant that there was "a good likelihood" that she"could" be deported, since Peque does not "require a plea court to ascertain whether aparticular conviction carries mandatory deportation under federal law and advise a defendantaccordingly" (People v Manuel, 143AD3d 473, 474 [1st Dept 2016], lv denied 28 NY3d 1147 [2017]). In any event,even where deportation is legally mandatory, as a practical matter it still requires the immigrationauthorities to take the necessary actions, and thus the deportation consequences of defendant'splea could fairly be characterized as likely rather than absolutely certain. Concur—Acosta,J.P., Mazzarelli, Manzanet-Daniels and Webber, JJ.