PEOPLE v. BARRIE (2026)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Mohamed BARRIE, Defendant-Appellant.

570376 /18

Decided: January 27, 2026

PRESENT: James, P.J., Tisch, Perez, JJ.

Judgment of conviction (Julio Rodriguez, III, J.), rendered February 13, 2018, affirmed.

Defendant's claim that counsel provided ineffective assistance regarding the immigration consequences of the plea (see Padilla v Kentucky, 559 US 356 [2010]) is unreviewable on direct appeal because it involves matters not reflected in the record regarding the full extent of counsel's exact immigration advice. Accordingly, since defendant has not made a CPL 440.10 motion, the merits of this claim may not be addressed on appeal (see People v Pastor, 28 NY3d 1089, 1091 [2016]; People v Mann, 175 AD3d 1204 [2019], lv denied 34 NY3d 1017 [2019]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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