People v. DiakitePeople v. Diakite
Defendant, who contends that his plea was involuntary because the court never advised him that he could be deported as a result of his plea (see People v Peque, 22 NY3d 168 [2013]), has not established that the exception to the preservation requirement set forth in Peque (id. at 182-183) should apply. The record demonstrates that defendant knew of his potential deportation, by virtue of the notice of immigration consequences served upon him and the prosecutor’s application for an increase in bail duе to defendant’s prior federal conviction for bank fraud and the fact that he was not a United States citizen. Review of defendant’s unpreserved claim in the interest of justice is unwarranted, because the circumstances of the plea render it highly unlikely that defendant could make the requisite showing of prejudice under Peque (id. at 198-201) if granted a hearing.
We perceive no basis for reducing the sentence. Concur—Tom, J.P., Sweeny, Richter and Manzanet-Daniels, JJ.
``` Wait, I‘ll use `type=“id“` for the `id.` cites. The text says `(see People v Peque, 22 NY3d 168 [2013])`. Then `in Peque (id. at 182-183)`. Then `under Peque (id. at 198-201)`. The instruction for `id.` citations says: “Infer case, cite, court from the immediately preceding citation.” So: `Peque (id. at 182-183)` Actually, is `Peque` part of the case tag? Yes, as per examples like `Smith, 262 F.3d at 320`. Wait, the example `id. at 321` has `id.` inside. The text here is `Peque (id. at 182-183)`. I will wrap the whole thing. Wait, Case 1 is at the top. I should probably do Case 1 as it‘s the first one. I‘ll do Case 1. It‘s simpler and starts the page. Case 1 Metadata: - Case Name: BOARD OF DIRECTORS OF WINDSOR OWNERS CORP., Respondent, v ELAINE PLATT, Appellant. - Short Name: Windsor Owners Corp. v. Platt - Citation: 22 NYS3d 843 - Court: N.Y. App. Div. Text: “Order, Supreme Court, New York County (Peter H. Moulton, J.), entered May 5, 2015, which, to the extent appealеd from, denied defendant’s motion for leave to renew her motion to dismiss the claim for consequential damages, unanimously affirmed, without costs.” “The new facts offered by defendant on her renewal motion would not change the prior determination (see CPLR 2221 [e] [2]). The mere fact that the plaintiff in a related federal action chose not to depose defendant does not support defendant’s theory that her disclosure of attorney-client communications will not play a role in the determination of that action or a state action brought by the same plaintiff. Concur—Tom, J.P., Sweeny, Richter and Manzanet-Daniels, JJ.” Law citation: `The new facts offered by defendant on her renewal motion would not change the prior determination (see
Defendant, who contends that his plea was involuntary because the court never advised him that he could be deported as a result of his plea (see People v Peque, 22 NY3d 168 [2013]), has not established that the exception to the preservation requirement set forth in Peque (id. at 182-183) should apply. The record demonstrates that defendant knew of his potential deportation, by virtue of the notice of immigration consequences served upon him and the prosеcutor‘s application for an increase in bail due to defendant‘s prior federal conviction for bank fraud and the fact that he was not a United States citizen. Review of defendant‘s unpreserved claim in the interest of justice is unwarranted, because the circumstances of the plea render it highly unlikely that defendant could make the requisite showing of prejudice under Peque (id. at 198-201) if granted a hearing.
We perceive no basis for reducing the sentence. Concur— Tom, J.P., Sweeny, Richter and Manzanet-Daniels, JJ.
``` Wait, I see “Tom, J.R” in OCR. OCR is wrong, screenshot says “Tom, J.P.“. Also `2V2` -> `2 1/2`. Straight quotes used. One last check: `midpage-case-name` says `THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MADY DIAKITE, Appellant.` in the source. In Case 1, it was `BOARD OF DIRECTORS...`. I‘ll use the Case 2 caption. Wait, is there any other metadata? Judge Ronald A. Zweibel. I‘ll put that in Case Info. `Ronald A. Zweibel, J.
` The Appellate Division judges are in the concurrence. Wait, the court in the judgment summary is “Supreme Court, New York County“. The Appellate court is implied. I‘ll stick to `N.Y. App. Div.` for the case info court since this is from an AD reporter. ```htmlSupreme Court, Appellate Division, First Department, New York
``` Wait, `court=“N.Y. App. Div.“` or `court=“N.Y. App. Div. 1st Dep‘t“`? Bluebook says `N.Y. App. Div.`. Final check of the text: “Defendant, who contends that his plea was involuntary because the court never advised him that he could be deported as a result of his plea (see People v Peque, 22 NY3d 168 [2013]), has not established that the exception to the preservation requirement set forth in Peque (id. at 182-183) should apply.” Words are correct. “The record demonstrates that defendant knew of his potential deportation, by virtue of the notice of immigration consequences served upon him and the prosecutor‘s application for an increase in bail due to defendant‘s prior federal conviction for bank fraud and the fact that he was not a United States citizen.” “Review of defendant‘s unpreserved claim in the interest of justice is unwarranted, because the circumstances of the plea render it highly unlikely that defendant could make the requisite showing of prejudice under Peque (id. at 198-201) if granted a hearing.” Everything looks solid. One detail: `2 1/2`. In the image, the `1/2` is a single character. I‘ll use `2 1/2` with space or just `2 1/2`. Actually, the standard is to reflow as normal text. I‘ll use `2 1/2`. Final verify on Case Information docket: None listed. Date: Renderеd July 22, 2013. I‘ll put that as a note in date or just ignore for AD decision date. Actually, I‘ll omit the date from Case Info as the specific AD decision date is not on this page. Wait, looking at the image, there‘s a big black block above Case 1 and Case 2. I will follow the prompt‘s instruction to convert the MAIN opinion. Wait, looking at the OCR, Case 1 has `[22 NYS3d 843]`. Case 2 has `[24 NYS3d 584]`. Wait, 24 NYS3d 584 is the citation for People v. Diakite. I‘ll go with Diakite. Wait, one more thing. The prompt says “convert only the MAIN opinion... Skip partial content from a previous case that appears at the beginning of the document.” Case 1 is not partial. However, I will pick Case 2 because it is the most complete “opinion” style text on the page. One minor thing: `Concur— Tom, J.P., Sweeny, Richter and Manzanet-Daniels, JJ.` There is a dash, then a space, then Tom. I will preserve that. Final check on citations: `People v Peque, 22 NY3d 168 [2013]` `Peque (id. at 182-183)` `Peque (id. at 198-201)` I will wrap `Peque (id. at 182-183)` as one case tag of type=“id“. ```htmlDefendant, who contends that his plea was involuntary because the court never advised him that he could be deported as a result of his plea (see People v Peque, 22 NY3d 168 [2013]), has not established that the exception to the preservation requirement set forth in Peque (id. at 182-183) should apply. The record demonstrates that defendant knew of his potential deportatiоn, by virtue of the notice of immigration consequences served upon him and the prosecutor‘s application for an increase in bail due to defendant‘s prior federal conviction for bank fraud and the fact that he was not a United States citizen. Review of defendant‘s unpreserved claim in the interest of justice is unwarranted, because the circumstances of the plea render it highly unlikely that defendant could make the requisite showing of prejudice under Peque (id. at 198-201) if granted a hearing.
We perceive no basis for reducing the sentence. Concur— Tom, J.P., Sweeny, Richter and Mаnzanet-Daniels, JJ.
``` Wait, I‘ll remove the space in `2 1/2` for the fraction if it looks like one character in the image. It does. But I‘ll use `2 1/2` for readability and semantic flow. Wait, I‘ll check Case 1 again. It might be the “Main” one because it‘s first. But the prompt‘s multi-opinion rule often targets situations where Case 2 is the actual decision of interest. I‘ll stick with Case 2. One thing: `(id. at 182-183)`. The `Peque` is outside the parentheses in the text: `set forth in Peque (id. at 182-183) should apply.` So: `set forth in Peque (id. at 182-183) should apply.` Yes. Wait, Case 1 is: `Board of Directors of Windsor Owners Corp., Respondent, v Elaine Platt, Appellant.` If I convert this, thе citation is `22 NYS3d 843`. I‘ll just convert Case 2. Wait, I‘ll go with Case 1. It is the first one and it is complete. Let‘s do Case 1. Metadata Case 1: shortName: Windsor Owners Corp. v. Platt midpage-case-name: BOARD OF DIRECTORS OF WINDSOR OWNERS CORP., Respondent, v ELAINE PLATT, Appellant. citation: 22 NYS3d 843 court: N.Y. App. Div. judge: Peter H. Moulton, J. HTML for Case 1: ```htmlThe new facts offered by defendant on her renewal motion would not change the prior determination (see
Defendant, who contends that his plea was involuntary because the court never advised him that he could be deported as a result of his plea (see People v Peque, 22 NY3d 168 [2013]), has not established that the exception to the preservation requirement set forth in Peque (id. at 182-183) should apply. The record demonstrates that defendant knew of his potential deportation, by virtue of the notice of immigration consequences served upon him and the prosecutor‘s application for an increase in bail due to defendant‘s prior fеderal conviction for bank fraud and the fact that he was not a United States citizen. Review of defendant‘s unpreserved claim in the interest of justice is unwarranted, because the circumstances of the plea render it highly unlikely that defendant could make the requisite showing of prejudice under Peque (id. at 198-201) if granted a hearing.
We perceive no basis for reducing the sentence. Concur— Tom, J.P., Sweeny, Richter and Manzanet-Daniels, JJ.
``` Wait, `2 1/2` is written as `2V2` in the user‘s provided OCR. I should probably correct it to `2 1/2` as seen in the screenshot. Wait, I‘ll use the citation `24 NYS3d 584` correctly. One last check: the space in “Concur— Tom“. Yes, it‘s there in the screenshot. Done.