PEOPLE v. OLMEDO

3776, 3470/10.

2017 NY Slip Op 03060

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARIO OLMEDO, Defendant-Appellant.

Appellate Division of the Supreme Court of New York, First Department.


Attorney(s) appearing for the Case

Seymour W. James, Jr. , The Legal Aid Society, New York ( Harold V. Ferguson, Jr. of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Jeffrey A. Wojcik of counsel), for respondent.

Before: Acosta, J.P., Mazzarelli, Manzanet-Daniels, Gische, Kahn, JJ.


Judgment, Supreme Court, New York County (Renee A. White, J.), rendered May 17, 2011, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him to a term of five years' probation, unanimously affirmed.

While the question of whether a defendant was prejudiced by the lack of advice from the court about the deportation consequences of a guilty plea is generally to be determined by way of a hearing (see People v Peque (22 N.Y.3d 168, 200 [2013], cert denied 574 US ___, 135 S.Ct. 90 [2014]), under the circumstances of this case, viewed as a whole, we find no reasonable possibility that defendant could make the requisite showing of prejudice at a hearing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases