People v. Mohammad
| Decision Date | 29 March 2017 |
| Court | New York Supreme Court — Appellate Division |
| Parties | The PEOPLE, etc., respondent, v. Aamir Shaikh MOHAMMAD, appellant. |
Goldstein & Weinstein, Bronx, NY (David J. Goldstein of counsel), for appellant.
Madeline Singas, District Attorney, Mineola, NY (Daniel Bresnahan and Pamela Kelly–Pincus of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Delligatti, J.), rendered December 19, 2013, convicting him of criminal sexual act in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the Supreme Court failed to inform him of the immigration consequences of his plea of guilty is unpreserved for appellate review (see People v. Peque, 22 N.Y.3d 168, 183, 980 N.Y.S.2d 280, 3 N.E.3d 617 ; People v. Egbunike, 133 A.D.3d 776, 777, 19 N.Y.S.3d 184 ; People v. DiPietro, 115 A.D.3d 977, 982 N.Y.S.2d 397 ). In any event, the contention is belied by the record, which reveals that both the defendant's counsel and the court advised the defendant of the possibility that he would be deported as a result of his plea of guilty (see People v. Pastor, 28 N.Y.3d 1089, 45 N.Y.S.3d 317, 68 N.E.3d 42 ; People v. Egbunike, 133 A.D.3d at 777, 19 N.Y.S.3d 184 ; People v. Martial, 125 A.D.3d 688, 689, 2 N.Y.S.3d 591 ; People v. DiPietro, 115 A.D.3d 977, 982 N.Y.S.2d 397 ).
To continue reading
Request your trial
-
People v. Ruiz-Solano
...v. Plaza, 178 A.D.3d 958, 958–959, 112 N.Y.S.3d 581 ; People v. Ramsood, 161 A.D.3d 1198, 1199, 74 N.Y.S.3d 507 ; People v. Mohammad, 148 A.D.3d 1185, 1185, 49 N.Y.S.3d 308 ).Contrary to the defendant's contention, since she did not move to withdraw her plea prior to sentencing, and since t......
-
People v. Labossiere
...remarks were fair comment on the evidence (see People v. Ashwal, 39 N.Y.2d 105, 109–110, 383 N.Y.S.2d 204, 347 N.E.2d 564 ). Although 148 A.D.3d 1185certain of the challenged comments were improper (see People v. Gordon, 50 A.D.3d 821, 855 N.Y.S.2d 617 ; People v. Pagan, 2 A.D.3d 879, 769 N......
- People v. Elder, 2015-01231, Ind. No. 1196/14.
-
People v. Facey
...is unpreserved for appellate review (see People v. Peque, 22 N.Y.3d 168, 183, 980 N.Y.S.2d 280, 3 N.E.3d 617 ; People v. Mohammad, 148 A.D.3d 1185, 1186, 49 N.Y.S.3d 308 ; People v. Egbunike, 133 A.D.3d 776, 777, 19 N.Y.S.3d 184 ; People v. DiPietro, 115 A.D.3d 977, 977, 982 N.Y.S.2d 397 ).......