People v. Olmedo

2017 NY Slip Op 3060, 149 A.D.3d 588, 50 N.Y.S.3d 284

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: April 20, 2017
• Docket: 3776 3470/10
• Status: Published

Opinion

Judgment, Supreme Court, New York County (Renee A. White, J.), rendered May 17, 2011, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him to a term of five years’ probation, unanimously affirmed.

While the question of whether a defendant was prejudiced by the lack of advice from the court about the deportation consequences of a guilty plea is generally to be determined by way of a hearing (see People v Peque, 22 NY3d 168, 200 [2013], cert denied 574 US —, 135 S Ct 90 [2014]), under the circumstances of this case, viewed as a whole, we find no reasonable possibility that defendant could make the requisite showing of prejudice at a hearing.

Concur — Acosta, J.P, Mazzarelli, Manzanet-Daniels, Gische and Kahn, JJ.