Legal Opinion

People v. Fernandez

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

Decided March 22, 2017No. 2015-10371PublishedCited by 3 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Cohen, J.), rendered January 13, 2015, convicting him of attempted assault in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the Supreme Court failed to properly advise him of the immigration consequences of his plea of guilty is unpreserved for appellate review, as he failed to raise the issue or move to withdraw his plea despite indication on the record that he was aware of the immigration consequences of pleading guilty (see…

2Cases cited7 opinions

  1. Padilla v. KentuckySupreme Court of the United States · 2010
  2. People v. PequeNew York Court of Appeals · 2013
  3. People v. PastorNew York Court of Appeals · 2016
  4. People v. DrammehAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. MartialAppellate Division of the Supreme Court of the State of New York · 2015

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3Cited by3 opinions

  1. People v. SanchezAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. AgramonteAppellate Division of the Supreme Court of the State of New York · 2018
  3. People v. AlexanderAppellate Division of the Supreme Court of the State of New York · 2018

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