People v. Rolling
| Decision Date | 02 September 2020 |
| Docket Number | 2018–02332,Ind.No. 114/17 |
| Citation | 186 A.D.3d 1264,127 N.Y.S.3d 874 (Mem) |
| Parties | The PEOPLE, etc., respondent, v. Jonathan ROLLING, appellant. |
| Court | New York Supreme Court — Appellate Division |
186 A.D.3d 1264
127 N.Y.S.3d 874 (Mem)
The PEOPLE, etc., respondent,
v.
Jonathan ROLLING, appellant.
2018–02332
Ind.No. 114/17
Supreme Court, Appellate Division, Second Department, New York.
Submitted—February 21, 2020
September 2, 2020
Steven A. Feldman, Manhasset, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
WILLIAM F. MASTRO, J.P. SYLVIA O. HINDS–RADIX JOSEPH J. MALTESE ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered January 31, 2018, 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.
The defendant was charged with three counts of criminal sale of a controlled substance in the third degree and three counts of criminal possession of a controlled substance in the third degree. On January 3, 2018, the defendant pleaded guilty to one count of criminal sale of a controlled substance in the third degree in exchange for a promised sentence not to exceed a term of imprisonment of eight years to be followed by a period of postrelease supervision of three years. On January 31, 2018, the defendant was sentenced to a determinate term of imprisonment of 6½ years to be followed by a period of postrelease supervision of 3 years.
The defendant contends that his plea of guilty was involuntary because the County Court did not advise him of the possibility that he could be deported as a consequence of his plea (see generally People v. Peque, 22 N.Y.3d 168, 980 N.Y.S.2d 280, 3 N.E.3d 617 ). Under the circumstances of this case, where nothing in the record contradicts the defendant's statement made under oath, during the plea proceeding, that he was a citizen of the United States, or the information in the Department of Probation Presentence Investigation Report indicating that the...
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...is unpreserved for appellate review (see People v. Pena, 28 N.Y.3d 727, 730, 49 N.Y.S.3d 342, 71 N.E.3d 930 ; People v. Rolling, 186 A.D.3d 1264, 1265, 127 N.Y.S.3d 874 ). In any event, his sentence is constitutional (see People v. Rolling, 186 A.D.3d at 1265, 127 N.Y.S.3d 874 ; People v. P......
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