PEOPLE v. DILONE (2025)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Steven DILONE, Defendant–Appellant.

3927

Decided: March 18, 2025

Moulton, J.P., Kennedy, Rodriguez, Pitt–Burke, O'Neill Levy, JJ.

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Robin Nichinsky counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Elliott R. Hamilton of counsel), for respondent.

Order, Supreme Court, Bronx County (Miriam R. Best, J.), entered on or about May 9, 2019, which denied, without a hearing, defendant's two CPL 440.10(1)(h) motions to vacate two convictions pursuant to pleas of guilty, unanimously affirmed.

Defendant's arguments that the court erred in summarily denying his CPL 440.10 motions, premised on the claim that his attorneys misadvised him regarding the immigration consequence of his pleas, are unpreserved and we decline to consider them in the interest of justice.

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