Opinion
2012-07-5
The PEOPLE, etc., respondent, v. Rackish SALMON, appellant.
Terry D. Horner, Poughkeepsie, N.Y., for appellant.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.), rendered April 22, 2010, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that his counsel was ineffective for failing to inform him of the deportation consequences of his plea of guilty ( see Padilla v. Kentucky, 599 U.S. ––––, 130 S.Ct. 1473, 176 L.Ed.2d 284). Since the record does not conclusively demonstrate that the defendant's counsel failed to inform the defendant of the deportation consequences of his plea, the defendant's claim cannot be resolved without reference to matter outside the record, and the claim, thus, cannot be reviewed on direct appeal ( see People v. Freeman, 93 A.D.3d 805, 806, 940 N.Y.S.2d 314;People v. Romero, 82 A.D.3d 1013, 918 N.Y.S.2d 730;People v. Griffith, 78 A.D.3d 1194, 1196, 913 N.Y.S.2d 264).