People v. Casado
| Decision Date | 24 December 2019 |
| Docket Number | Ind. No. 6315/11,2012-06990 |
| Citation | 178 A.D.3d 1070,112 N.Y.S.3d 560 (Mem) |
| Parties | The PEOPLE, etc., Respondent, v. Angel CASADO, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Paul Skip Laisure, New York, N.Y. (Lisa Napoli of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel), for respondent.
WILLIAM F. MASTRO, J.P., MARK C. DILLON, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
ORDERED that the judgment is affirmed.
The defendant contends that his right to due process was violated because the Supreme Court failed to advise him that his plea of guilty could have immigration consequences, as required by the Court of Appeals in People v. Peque (22 N.Y.3d 168, 980 N.Y.S.2d 280, 3 N.E.3d 617). Even assuming that the defendant was entitled to such a warning since he was sentenced before Peque was decided, the issue is not properly before this Court because the defendant represented to the court that he was a citizen of the United States (see People v. Williams , ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2019 WL 7160459 [decided herewith]; People v. Tull , 159 A.D.3d 1387, 72 N.Y.S.3d 675 ; People v. Brazil , 123 A.D.3d 466, 467, 998 N.Y.S.2d 181 ).
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