Legal Opinion

People v. Fernandez

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

Decided June 15, 2017No. 4299 3037/13Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Maxwell Wiley, J.), rendered June 25, 2014, convicting defendant, upon his guilty plea, of assault in the second degree, and sentencing him to a term of one year, unanimously affirmed.

Defendant failed to preserve his claim that the court gave him untimely and insufficient advice about the deportation consequences of his plea, and the narrow exception to the preservation requirement does not apply (see People v Peque, 22 NY3d 168, 182-183 [2013]; People v Tiburcio, 136 AD3d 584 [1st Dept 2016], lv denied 27 NY3d 1140 [2016]; People v Diakite, 135 AD3d…

2Cases cited3 opinions

  1. People v. PequeNew York Court of Appeals · 2013
  2. People v. DiakiteAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. TiburcioAppellate Division of the Supreme Court of the State of New York · 2016

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