PEOPLE v. PICKETT (2023)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Peter M. Forman, J.), rendered November 14, 2019, 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 plea of guilty was involuntary because the County Court did not advise him of the possibility that he would be deported as a consequence of his plea (see generally People v. Peque, 22 NY3d 168).  Under the circumstances of this case, where nothing in the record contradicts the defendant's statement made under oath, at the plea proceeding, that he was a citizen of the United States, or the information in the Department of Probation presentence investigation report indicating that the defendant was a United States citizen, we reject the defendant's contention (see People v. Rolling, 186 AD3d 1264;  People v. Williams, 178 AD3d 1095;  People v. Tull, 159 AD3d 1387).

The defendant's contention that the sentence imposed violated the Eighth Amendment to the United States Constitution and article I, section 5, of the New York State Constitution prohibiting cruel and unusual punishment is unpreserved for appellate review (see People v. Pena, 28 NY3d 727, 730;  People v. Cerasaro, 179 AD3d 832), and, in any event, without merit (see People v. Parsley, 150 AD3d 894, 896;  People v. Miller, 74 AD3d 1097, 1097).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

DILLON, J.P., CHAMBERS, GENOVESI and VENTURA, JJ., concur.