| People v Ramirez |
| 2020 NY Slip Op 00970 [180 AD3d 1378] |
| February 7, 2020 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Roberto V. Ramirez, Appellant. |
Timothy P. Donaher, Public Defender, Rochester (James A. Hobbs of counsel), fordefendant-appellant.
Sandra Doorley, District Attorney, Rochester (Leah R. Mervine of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Douglas A. Randall, J.),rendered August 4, 2015. The judgment convicted defendant, upon a plea of guilty, ofassault in the second degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him of assault in thesecond degree (Penal Law § 120.05 [4]) upon his plea of guilty to asuperior court information. Defendant contends that "his written waiver of indictmentwas jurisdictionally defective because, notwithstanding its substantial compliance withCPL 195.20 as to content, it did not state the date, approximate time and place of thespecific offenses for which he was held for the action of the grand jury, in violation ofthat statute" (People v Thomas, 34 NY3d 545, 567-568 [2019]). Because defendant's contention is that the indictment waiver formomitted "non-elemental factual information," that contention is "forfeited by [his] guiltyplea" inasmuch as defendant "lodges no claim that he lacked notice of the precise crime[] for which he waived prosecution by indictment" (id. at 569). Defendant failed to preserve for our review his further contention that thefailure of County Court to advise him that he could be subject to deportation if hepleaded guilty renders his plea involuntary (see CPL 470.05 [2]; People v Peque, 22 NY3d168, 183 [2013], cert denied 574 US 840 [2014]). We conclude that, underthe circumstances of this case, the narrow exception to the preservation doctrine does notapply (see People v Chelley,120 AD3d 987, 988 [4th Dept 2014]; cf. Peque, 22 NY3d at 182-183).Present—Whalen, P.J., Peradotto, Troutman and Bannister, JJ.