People v. Kostyk

Decision Date19 August 2020
Docket Number2014–06843, 2014–06844,Ind. No. 10635/12
Parties The PEOPLE, etc., respondent, v. Roman KOSTYK, appellant.
CourtNew York Supreme Court — Appellate Division

186 A.D.3d 744
127 N.Y.S.3d 290 (Mem)

The PEOPLE, etc., respondent,
v.
Roman KOSTYK, appellant.

2014–06843, 2014–06844
Ind.
No. 10635/12

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

Argued—November 26, 2018
August 19, 2020


Paul Skip Laisure, New York, N.Y. (Kathleen Whooley 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., JOHN M. LEVENTHAL, FRANCESCA E. CONNOLLY, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

186 A.D.3d 745

Appeals by the defendant from two judgments of the Supreme Court, Kings County (Matthew J. D'Emic, J.), both rendered August 8, 2013, convicting him of burglary in the second degree and criminal trespass in the second degree under Indictment No. 07935/2012 and burglary in the second degree and criminal trespass in the second degree under Indictment No. 10635/2012, upon his pleas of guilty, and imposing sentences. By decision and order dated March 20, 2019, this Court remitted the matter to the Supreme Court, Kings County, to afford the defendant an opportunity to move to vacate his pleas of guilty, and thereafter for the submission of a report by the Supreme Court on any such motion, and the appeals were held in abeyance in the interim (see People v. Kostyk, 170 A.D.3d 1042, 94 N.Y.S.3d 452 ). The Supreme Court has filed its report.

ORDERED that the judgments are modified, on the law, by vacating the sentences imposed; as so modified, the judgments are affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

In a decision and order dated March 20, 2019, this Court remitted the matter to the Supreme Court, Kings County, to afford the defendant an opportunity to move to vacate his pleas of guilty based on the failure of the Supreme Court to advise the defendant of the possibility of deportation as a consequence of his pleas (see People v. Kostyk, 170 A.D.3d 1042, 94 N.Y.S.3d 452 ).

Upon remittitur, the defendant moved to...

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