PEOPLE v. ARELLANO VENEGAS (2021)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Westchester County (Larry J. Schwartz, J.), rendered July 18, 2018, convicting her of aggravated driving while intoxicated and bail jumping in the second degree, upon her plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that her plea of guilty to bail jumping in the second degree was not entered knowingly, intelligently, and voluntarily because the County Court failed to adequately advise her of the immigration consequences of her plea to that charge is unpreserved for appellate review as she failed to raise the issue before the court or move to withdraw her plea (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. Lopez, 193 A.D.3d 1077).

In any event, the defendant's contention is without merit.  “[A]s part of its independent obligation to ascertain whether a defendant is pleading guilty voluntarily, a trial court must alert a noncitizen defendant that he or she may be deported as a consequence of the plea of guilty” (People v. Lopez–Alvarado, 149 A.D.3d 981, 981, 52 N.Y.S.3d 418;  see People v. Peque, 22 N.Y.3d at 193, 980 N.Y.S.2d 280, 3 N.E.3d 617;  People v. Plaza, 178 A.D.3d 958, 958, 112 N.Y.S.3d 581).  Although no particular litany is required, “[t]he trial court must provide a short, straightforward statement on the record notifying the defendant that, in sum and substance, if the defendant is not a United States citizen, he or she may be deported upon a guilty plea” (People v. Peque, 22 N.Y.3d at 197, 980 N.Y.S.2d 280, 3 N.E.3d 617;  see People v. Plaza, 178 A.D.3d at 958, 112 N.Y.S.3d 581).

Here, the record demonstrates that the County Court fulfilled its obligation under People v. Peque by advising the defendant that the “plea of guilty will subject you to deportation,” and that “neither your attorney, nor I, nor anyone else can guarantee that you will not be deported” as result of the plea of guilty (see People v. Peque, 22 N.Y.3d at 197, 980 N.Y.S.2d 280, 3 N.E.3d 617;  People v. Alexander, 159 A.D.3d 1019, 1019, 73 N.Y.S.3d 593).  The court was not required to ascertain whether any particular conviction carries mandatory deportation under federal law and advise accordingly (see People v. Alexander, 159 A.D.3d at 1020, 73 N.Y.S.3d 593;  People v. Manuel, 143 A.D.3d 473, 474, 38 N.Y.S.3d 551).  The court was not required to advise the defendant that she would definitely be deported upon pleading guilty (see People v. Ramsood, 161 A.D.3d 1198, 1199, 74 N.Y.S.3d 507;  People v. Jimenez, 150 A.D.3d 408, 409, 52 N.Y.S.3d 717;  People v. Manuel, 143 A.D.3d at 474, 38 N.Y.S.3d 551).

CHAMBERS, J.P., AUSTIN, DUFFY, BARROS and FORD, JJ., concur.