PEOPLE v. LOPEZ (2021)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Mary Bejarano, J., at plea;  Bruna L. DiBiase, J., at sentence), rendered January 8, 2020, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that his plea of guilty was not voluntarily entered because the Supreme Court did not adequately advise him of the immigration consequences of his plea, as he failed to raise the issue or move to withdraw his plea despite indicating on the record that he was aware that he could be deported as a result of pleading guilty (see People v. Pastor, 28 N.Y.3d 1089, 1091, 45 N.Y.S.3d 317, 68 N.E.3d 42;  People v. Peque, 22 N.Y.3d 168, 183, 980 N.Y.S.2d 280, 3 N.E.3d 617;  People v. Ramsood, 161 A.D.3d 1198, 1199, 74 N.Y.S.3d 507).  In any event, this contention is without merit, as the record demonstrates that the court fulfilled its obligation to provide the defendant with a “short, straightforward statement on the record” advising him that he could be deported as a result of his plea of guilty (People v. Peque, 22 N.Y.3d at 197, 980 N.Y.S.2d 280, 3 N.E.3d 617;  see People v. Ruiz–Solano, 188 A.D.3d 1267, 132 N.Y.S.3d 828;  People v. Sanchez, 152 A.D.3d 548, 58 N.Y.S.3d 132;  People v. Mohammad, 148 A.D.3d 1185, 1185, 49 N.Y.S.3d 308).

CHAMBERS, J.P., AUSTIN, BRATHWAITE NELSON and IANNACCI, JJ., concur.