PEOPLE v. MENDOZA

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

The PEOPLE, etc., respondent, v. Thelma MENDOZA, appellant.

Decided: September 30, 2008

STEVEN W. FISHER, J.P., RUTH C. BALKIN, WILLIAM E. McCARTHY, and CHERYL E. CHAMBERS, JJ. S. Michael Musa-Obregon, P.C., Maspeth, N.Y. (Juan P. Luciano of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered February 3, 2006, convicting her of conspiracy in the second degree and criminal solicitation in the second degree, upon her plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant raises only one claim on this appeal, which is that she was denied the effective assistance of counsel because her attorney misrepresented to her that there would be no immigration consequences as a result of her plea of guilty, and that she would not have pleaded guilty had she not received this misadvice (see People v. McDonald, 1 N.Y.3d 109, 769 N.Y.S.2d 781, 802 N.E.2d 131).   This claim relies entirely on matter dehors the record and is thus not cognizable on direct appeal (see People v. Brisman, 51 A.D.3d 685, 855 N.Y.S.2d 908;  People v. Ramsey, 49 A.D.3d 565, 855 N.Y.S.2d 162).

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