People v. Bondoc-Gutierrez

• Decision Date: 19 August 2020
• Docket Number: 2016–01111,Ind.No. 10291/13
• Parties: The PEOPLE, etc., respondent, v. Emerlito BONDOC–GUTIERREZ, appellant.
• Court: New York Supreme Court — Appellate Division

186 A.D.3d 726

127 N.Y.S.3d 268 (Mem)

The PEOPLE, etc., respondent,

v.Emerlito BONDOC–GUTIERREZ, appellant.

2016–01111

Ind.No. 10291/13

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

Argued—April 2, 2020

August 19, 2020

Paul Skip Laisure, New York, N.Y. (Angad Singh of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort, and Daniel Berman of counsel), for respondent.

MARK C. DILLON, J.P., LEONARD B. AUSTIN, COLLEEN D. DUFFY, BETSY BARROS, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Joseph E. Gubbay, J.), rendered June 9, 2015, convicting him of endangering the welfare of a child, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that his plea of guilty was not entered knowingly, intelligently, and voluntarily because the Supreme Court failed to adequately advise him of the immigration consequences of his plea is unpreserved for appellate review as he failed to raise the issue before the court or move to withdraw his 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. Plaza, 178 A.D.3d 958, 112 N.Y.S.3d 581 ; People v. Gustavo–Cano, 149 A.D.3d 1100, 1101, 50 N.Y.S.3d 882 ), and we decline to reach it in the exercise of our interest of justice jurisdiction.

DILLON, J.P., AUSTIN, DUFFY and BARROS, JJ., concur.