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PEOPLE v. PENA

Ind. No. 5073/15. Appeal No. 15412. Case No. 2019-4997.

203 A.D.3d 446 (2022)

160 N.Y.S.3d 608

2022 NY Slip Op 01402

The People of the State of New York, Respondent, v. Reimy Pena, Appellant.

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

Decided March 3, 2022.

Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Stephen R. Strother of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Stephen J. Kress of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Mazzarelli, Singh, Scarpulla, Higgitt, JJ.

Defendant has not established that the narrow exception to the preservation requirement applies to his Peque claim (see People v Peque, 22 N.Y.3d 168, 182-183 [2013], cert denied 574 U.S. 840 [2014]). Months before defendant's plea, the People announced, on the record in open court and in the presence of defendant, defense counsel and an interpreter, that they were serving a notice of immigration consequences (see...

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