PEOPLE v. PINNOCK

867/06. 11457A. 3547/16. 11457.

183 A.D.3d 424 (2020)

121 N.Y.S.3d 593

2020 NY Slip Op 02731

The People of the State of New York, Respondent, v. Andre Pinnock, Appellant.

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

Decided May 7, 2020.


When defendant, a noncitizen, pleaded guilty to criminal possession of a firearm, the court did not advise him that if he was not a citizen, he could be deported as a consequence of his plea. Even though he did not move to withdraw his guilty plea, there is no evidence that defendant knew about the possibility of deportation during the plea and sentencing proceedings. As such, the claim falls within the "narrow exception" to the preservation doctrine (People v Peque,<...

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