People v. Ablakatov

2017 NY Slip Op 944, 147 A.D.3d 464, 46 N.Y.S.3d 415

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 7, 2017
• Docket: 3036 6284/08
• Status: Published

Opinion

Appeal from judgment, Supreme Court, New York County (Gregory Carro, J.), rendered December 9, 2009, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him to a term of 2V2 years, held in abeyance, and the matter remanded for further proceedings in accordance herewith.

As the People concede, because the court did not warn defendant of the deportation consequences of his guilty plea, he should be afforded the opportunity to move to vacate his plea upon a showing that there is a reasonable probability that he would not have pleaded guilty had the court advised him of the possibility of deportation (People v Peque, 22 NY3d 168, 198 [2013], cert denied sub nom. Thomas v New York, 574 US —, 135 S Ct 90 [2014]). Accordingly, we remit for the remedy set forth in Peque (22 NY3d at 200-201).

Concur — Friedman, J.P., Andrias, Moskowitz, Kapnick and Kahn, JJ.