People v. Lovejoy

Order, Supreme Court, Bronx County (Barbara F. Newman, J.), entered on or about June 11, 2014, which denied defendant’s CPL 440.10 motion to vacate a 1999 judgment of conviction, unanimously affirmed.

Defendant’s claim that the court failed to advise him of the immigration consequences of his plea (see People v Peque, 22 NY3d 168 [2013], cert denied 574 US —, 135 S Ct 90 [2014]), is not properly raised in a CPL article 440.10 motion, because that claim would be “clear from the face of the record” (People v Llibre, 125 AD3d 422, 423 [1st Dept 2015], lv denied 26 NY3d 969 [2015]). While the…