Legal Opinion

People v. Tiburcio

Appellate Division of the Supreme Court of the State of New York

Decided February 25, 2016No. 303 1921N/07PublishedCited by 2 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered March 9, 2009, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of three years, unanimously affirmed.

Defendant’s claim that he is entitled to relief under People v Peque (22 NY3d 168 [2013], cert denied 574 US —, 135 S Ct 90 [2014]) based on the absence of warnings, at the time of his plea, regarding the possibility of deportation is unpreserved, and we decline to review it in the interest of justice. Defendant has not…

2Cases cited1 opinion

  1. People v. PequeNew York Court of Appeals · 2013

3Cited by2 opinions

  1. People v. FernandezAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. RomeroAppellate Division of the Supreme Court of the State of New York · 2020

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