People v. Crooks

• Decision Date: 15 August 2012
• Citation: 949 N.Y.S.2d 651,2012 N.Y. Slip Op. 05982,98 A.D.3d 630
• Parties: The PEOPLE, etc., respondent, v. Ricardo O. CROOKS, appellant.
• Court: New York Supreme Court — Appellate Division

98 A.D.3d 630

949 N.Y.S.2d 651

2012 N.Y. Slip Op. 05982

The PEOPLE, etc., respondent,

v.Ricardo O. CROOKS, appellant.

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

Aug. 15, 2012.

Leon H. Tracy, Jericho, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Courtney Weinberger of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Nassau County (Donnino, J.), rendered March 19, 2010, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

*652The defendant's claim that he was deprived of the effective assistance of counsel because his counsel failed to inform him of the deportation consequences of his guilty plea, which allegedly rendered his plea involuntary, is based on facts that are outside of the record on appeal. Accordingly, “[t]he claim should be raised in a postconviction application under CPL article 440, where the basis of the claim may be fully developed” ( People v. Haffiz, 19 N.Y.3d 883, 885, ––– N.Y.S.2d ––––, ––– N.E.2d ––––;see People v. Thomas, 89 A.D.3d 964, 932 N.Y.S.2d 703;People v. Peque, 88 A.D.3d 1024, 1025, 930 N.Y.S.2d 492;People v. Rohlehr, 87 A.D.3d 603, 604, 927 N.Y.S.2d 919;People v. Griffith, 78 A.D.3d 1194, 1196, 913 N.Y.S.2d 264).

RIVERA, J.P., ENG, LOTT and MILLER, JJ., concur.