General
The People of the State of New York, Respondent, v. Gary McIntosh, Appellant
127 A.D.3d 6275 N.Y.S.3d 874·New York Supreme Court, Appellate Division·2015·NY
Concur — Gonzalez, P.J., Mazzarelli, Renwick and Gische, JJ.
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Opinion
The People of the State of New York, Respondent, v Gary McIntosh, Appellant.
[5 NYS3d 874]—
[MAJORITY]
Judgment, Supreme Court, New York County (Maxwell Wiley, J.), rendered June 30, 2010, convicting defendant, upon his plea of guilty, of identity theft in the first degree, and sentencing him to a term of 1 to 3 years, unanimously affirmed.
Defendant is not entitled to relief under People v Peque (22 NY3d 168 [2013]). Initially, we note that defendant has not established that the exception to the preservation requirement set forth in Peque (id. at 182-183) should apply, and we decline to review defendant’s unpreserved claim in the interest of justice. As an alternative holding, we reject it on the merits. By advising defendant that his plea could result in deportation, the court satisfied the basic requirement of Peque (id. at 176).
Concur — Gonzalez, P.J., Mazzarelli, Renwick and Gische, JJ.