People v. Ulanov, 2017–12068
| Court | New York Supreme Court Appellate Division |
| Citation | 188 A.D.3d 1271,132 N.Y.S.3d 812 (Mem) |
| Docket Number | Ind. No. 402/15,2017–12068 |
| Parties | The PEOPLE, etc., respondent, v. Jennifer ULANOV, appellant. |
| Decision Date | 25 November 2020 |
188 A.D.3d 1271
132 N.Y.S.3d 812 (Mem)
The PEOPLE, etc., respondent,
v.
Jennifer ULANOV, appellant.
2017–12068
Ind. No. 402/15
Supreme Court, Appellate Division, Second Department, New York.
Argued—October 27, 2020
November 25, 2020
Janet E. Sabel, New York, N.Y. (Whitney Elliott of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Joyce Slevin, and Solomon Neubort of counsel), for respondent.
RUTH C. BALKIN, J.P., JOHN M. LEVENTHAL, SHERI S. ROMAN, BETSY BARROS, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Danny K. Chun, J.), rendered March 2, 2017, convicting her of grand larceny in the second degree, forgery in the second degree (21 counts), and falsifying business
records in the first degree (12 counts), upon her plea of guilty, and imposing sentence.
ORDERED that the matter is remitted to the Supreme Court, Kings County, to afford the defendant an opportunity to move to vacate her plea of guilty in accordance herewith, and for a report on any such motion, and the appeal is held in abeyance in the interim. The Supreme Court, Kings County, shall file its report with all convenient speed.
The defendant pleaded guilty to grand larceny in the second degree, forgery in the second degree (21 counts), and falsifying business records in the first degree (12 counts). On appeal, she contends that her due process rights were violated because the record demonstrates that the Supreme Court never advised her of the possibility that she could be deported as a consequence of her guilty plea.
In People v. Peque, 22 N.Y.3d 168, 196, 980 N.Y.S.2d 280, 3 N.E.3d 617, the Court of Appeals held that "to protect the rights of the large number of noncitizen defendants pleading guilty to felonies in New York, trial courts must now make all defendants aware that, if they are not United States citizens, their felony guilty pleas may expose them to deportation." A defendant seeking to vacate a plea based on the failure to warn of deportation consequences must demonstrate that there is a "reasonable probability" that he or she would not have pleaded guilty and would instead have gone to trial had the court warned of that possibility ( id. at 176, 980 N.Y.S.2d 280, 3 N.E.3d 617 ).
In the present case, the defendant's contention that her due process rights were violated due to the plea court's failure to warn her of the deportation consequences of her plea is excepted from the preservation requirement because,...
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People v. Moore, 2020–00585
...of his guilty plea in violation of ( People v. Peque, 22 N.Y.3d 168, 980 N.Y.S.2d 280, 3 N.E.3d 617 ) (see People v. Ulanov, 188 A.D.3d 1271, 132 N.Y.S.3d 812 ; People v. Arana, 179 A.D.3d 826, 113 N.Y.S.3d 893 ; People v. Mohamed, 171 A.D.3d 796, 97 N.Y.S.3d 188 )."A defendant seeking to v......
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People v. Bamugo, 2020–09400, 2020–09401
...as a consequence of his pleas of guilty (see People v. Peque, 22 N.Y.3d 168, 182–183, 980 N.Y.S.2d 280, 3 N.E.3d 617 ; People v. Ulanov, 188 A.D.3d 1271, 1272, 132 N.Y.S.3d 812 ). Indeed, here, the record shows that the court failed to address the possibility of deportation as a consequence......
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People v. Tanveer, 2018–03594
...defendant the opportunity to discover any error (see People v. Mejia, 195 A.D.3d 1043, 1045, 150 N.Y.S.3d 731 ; cf. People v. Ulanov, 188 A.D.3d 1271, 1271, 132 N.Y.S.3d 812 ). In any event, this contention is without merit (see People v. Peque, 22 N.Y.3d at 197, 980 N.Y.S.2d 280, 3 N.E.3d ......
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People v. Jones, 2018–12856
...probability that he would not have pleaded guilty had the court advised him of the possibility of deportation (see People v. Ulanov, 188 A.D.3d 1271, 1273, 132 N.Y.S.3d 812 ; People v. Arana, 179 A.D.3d 826, 827, 113 N.Y.S.3d 893 ). We hold the appeal in abeyance pending receipt of the Supr......
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People v. Moore, 2020–00585
...of his guilty plea in violation of ( People v. Peque, 22 N.Y.3d 168, 980 N.Y.S.2d 280, 3 N.E.3d 617 ) (see People v. Ulanov, 188 A.D.3d 1271, 132 N.Y.S.3d 812 ; People v. Arana, 179 A.D.3d 826, 113 N.Y.S.3d 893 ; People v. Mohamed, 171 A.D.3d 796, 97 N.Y.S.3d 188 )."A defendant seeking to v......
-
People v. Bamugo, 2020–09400, 2020–09401
...as a consequence of his pleas of guilty (see People v. Peque, 22 N.Y.3d 168, 182–183, 980 N.Y.S.2d 280, 3 N.E.3d 617 ; People v. Ulanov, 188 A.D.3d 1271, 1272, 132 N.Y.S.3d 812 ). Indeed, here, the record shows that the court failed to address the possibility of deportation as a consequence......
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People v. Tanveer, 2018–03594
...defendant the opportunity to discover any error (see People v. Mejia, 195 A.D.3d 1043, 1045, 150 N.Y.S.3d 731 ; cf. People v. Ulanov, 188 A.D.3d 1271, 1271, 132 N.Y.S.3d 812 ). In any event, this contention is without merit (see People v. Peque, 22 N.Y.3d at 197, 980 N.Y.S.2d 280, 3 N.E.3d ......
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People v. Jones, 2018–12856
...probability that he would not have pleaded guilty had the court advised him of the possibility of deportation (see People v. Ulanov, 188 A.D.3d 1271, 1273, 132 N.Y.S.3d 812 ; People v. Arana, 179 A.D.3d 826, 827, 113 N.Y.S.3d 893 ). We hold the appeal in abeyance pending receipt of the Supr......