Opinion
2020–01572 Ind. No. 9061/17
04-14-2021
The PEOPLE, etc., respondent, v. Juan VILLALTA, appellant.
Jonathan Rosenberg, PLLC, Brooklyn, NY, for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort, and Andrew S. Ayala of counsel), for respondent.
Jonathan Rosenberg, PLLC, Brooklyn, NY, for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort, and Andrew S. Ayala of counsel), for respondent.
WILLIAM F. MASTRO, A.P.J., REINALDO E. RIVERA, VALERIE BRATHWAITE NELSON, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Martin P. Murphy, J.), rendered September 3, 2019, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's challenge to the factual sufficiency of his plea allocution and his contention that the plea was invalid because the Supreme Court did not inquire as to his understanding of English are unpreserved for appellate review, as the defendant did not move to vacate his plea or otherwise raise these issues before the court (see CPL 470.05[2] ; People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5 ). In any event, these contentions are without merit (see People v. Goldstein, 12 N.Y.3d 295, 301, 879 N.Y.S.2d 814, 907 N.E.2d 692 ; People v. Kaye, 190 A.D.3d 767, 135 N.Y.S.3d 854 ; People v. Jimenez, 96 A.D.3d 1109, 1110, 945 N.Y.S.2d 583 ; see generally People v. Ramos, 26 N.Y.2d 272, 309 N.Y.S.2d 906, 258 N.E.2d 197 ).
The defendant's contention that his plea of guilty was not entered voluntarily because the Supreme Court failed to adequately advise him of the immigration consequences of his plea is similarly unpreserved for appellate review, as he failed to raise the issue before the court or move to withdraw his plea (see People v. Peque, 22 N.Y.3d 168, 183, 980 N.Y.S.2d 280, 3 N.E.3d 617 ; People v. Rodriguez–Abreu, 170 A.D.3d 895, 895–896, 93 N.Y.S.3d 858 ; People v. Ramsood, 161 A.D.3d 1198, 1199, 74 N.Y.S.3d 507 ; People v. Sanchez, 152 A.D.3d 548, 58 N.Y.S.3d 132 ). In any event, the record reveals that the court advised the defendant that his plea of guilty to a felony could be a "basis for [his] deportation" (see People v. Sanchez, 152 A.D.3d at 548, 58 N.Y.S.3d 132 ; People v. Gustavo–Cano, 149 A.D.3d 1100, 1101, 50 N.Y.S.3d 882 ; People v. Martial, 125 A.D.3d 688, 689, 2 N.Y.S.3d 591 ; People v. Taveras, 123 A.D.3d 745, 746, 997 N.Y.S.2d 490 ).
The defendant was not deprived of the effective assistance of counsel (see People v. Caban, 5 N.Y.3d 143, 152, 800 N.Y.S.2d 70, 833 N.E.2d 213 ; People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400 ).
MASTRO, A.P.J., RIVERA, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.