Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Mario Olmedo, Appellant
149 A.D.3d 58850 N.Y.S.3d 284·New York Supreme Court, Appellate Division·2017·NY
Concur — Acosta, J.P, Mazzarelli, Manzanet-Daniels, Gische and Kahn, JJ.
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Opinion
The People of the State of New York, Respondent, v Mario Olmedo, Appellant.
[50 NYS3d 284]
[MAJORITY]
Judgment, Supreme Court, New York County (Renee A. White, J.), rendered May 17, 2011, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him to a term of five years’ probation, unanimously affirmed.
While the question of whether a defendant was prejudiced by the lack of advice from the court about the deportation consequences of a guilty plea is generally to be determined by way of a hearing (see People v Peque, 22 NY3d 168, 200 [2013], cert denied 574 US —, 135 S Ct 90 [2014]), under the circumstances of this case, viewed as a whole, we find no reasonable possibility that defendant could make the requisite showing of prejudice at a hearing.
Concur — Acosta, J.P, Mazzarelli, Manzanet-Daniels, Gische and Kahn, JJ.