| People v Plaza |
| 2019 NY Slip Op 09030 [178 AD3d 958] |
| December 18, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Raul Plaza, Appellant. |
Thomas N. N. Angell, Poughkeepsie, NY (Steven Levine of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel),for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T.McLoughlin, J.), rendered November 3, 2017, convicting him of course of sexual conduct againsta child in the first degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that his plea of guilty was not entered voluntarily because theCounty Court failed to adequately advise him of the immigration consequences of his plea.However, the defendant's contention is unpreserved for appellate review, as he failed to raise theissue before the court or move to withdraw his plea despite indicating on the record that he wasaware that there could be immigration consequences to pleading guilty (see People v Peque, 22 NY3d 168,183 [2013]; People vRodriguez-Abreu, 170 AD3d 895, 895-896 [2019]; People v Ramsood, 161 AD3d 1198, 1199 [2018]; People v Sanchez, 152 AD3d 548[2017]). In any event, the defendant's contention is without merit.
"[A]s part of its independent obligation to ascertain whether a defendant is pleading guiltyvoluntarily, a trial court must alert a noncitizen defendant that he or she may be deported as aconsequence of the plea of guilty" (People v Lopez-Alvarado, 149 AD3d 981, 981 [2017]; seePeople v Peque, 22 NY3d at 193). Although no particular litany is required, "[t]he trial courtmust provide a short, straightforward statement on the record notifying the defendant that, in sumand substance, if the defendant is not a United States citizen, he or she may be deported upon aguilty plea" (People v Peque, 22 NY3d at 197; see People v Ramsood, 161 AD3dat 1199; People v Lopez-Alvarado, 149 AD3d at 981). Here, the County Court fulfilledits obligation under People v Peque by advising the defendant, among other things, thathe may be deported as a result of his plea of guilty (see People v Ramsood, 161 AD3d at1199; People v Alexander, 159AD3d 1019, 1019 [2018]). Contrary to the defendant's contention, the court was not requiredto advise him that he would definitely be deported upon pleading guilty (see People vRamsood, 161 AD3d at 1199; People v Alexander, 159 AD3d at 1020; People v Jimenez, 150 AD3d 408,409 [2017]; People v Manuel, 143AD3d 473, 474 [2016]).
The defendant's remaining contention is without merit. Roman, J.P., Miller, Maltese andIannacci, JJ., concur.