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People v. WilliamsPeople v. Williams

Appellate Division of the Supreme Court of the State of New York
Jan 25, 1993
Reporters:
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Appeal by the defendant from a judgment of the County Court, Nassau County (Orenstein, J.), rendered November 4, 1991, convicting him of criminal sale ‍‌‌‌​​​‌‌‌‌‌​​‌​‌​​‌‌‌​‌​‌‌​​‌‌​​​​‌​​‌‌‌‌​‌​‌​‌​​‌​​‌​​​​‌​​​‌​​‌‌‌​​‌‌‌​​​​​​​‌​‌‌​‌​‌​​‌​‌​‌‌‌‍of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant, a 28-year-old native of the Dominican Republic who emigrated to this country at the age of 15, contends that his plea was involuntarily entered based on ‍‌‌‌​​​‌‌‌‌‌​​‌​‌​​‌‌‌​‌​‌‌​​‌‌​​​​‌​​‌‌‌‌​‌​‌​‌​​‌​​‌​​​​‌​​​‌​​‌‌‌​​‌‌‌​​​​​​​‌​‌‌​‌​‌​​‌​‌​‌‌‌‍his inability to understand the plea proceedings and the court’s failure to determine whether he required a Spanish interpreter. We disagree. The defendant had no difficulty understanding and answering the questions put to him by the court and he displayed a good command of the English language.

There is ‍‌‌‌​​​‌‌‌‌‌​​‌​‌​​‌‌‌​‌​‌‌​​‌‌​​​​‌​​‌‌‌‌​‌​‌​‌​​‌​​‌​​​​‌​​​‌​​‌‌‌​​‌‌‌​​​​​​​‌​‌‌​‌​‌​​‌​‌​‌‌‌‍also no merit to the defendant’s claim that his plea was rendered involuntary as a result of the court’s failure to advise him that he would be automatically deported as a result of the entry of the plea. Deportation is a collateral consequence of a criminal conviction, and, ‍‌‌‌​​​‌‌‌‌‌​​‌​‌​​‌‌‌​‌​‌‌​​‌‌​​​​‌​​‌‌‌‌​‌​‌​‌​​‌​​‌​​​​‌​​​‌​​‌‌‌​​‌‌‌​​​​​​​‌​‌‌​‌​‌​​‌​‌​‌‌‌‍accordingly, the court was not required to inform the defendant as to this consequence before accepting the plea (see, United States v Olvera, 954 F2d 788; People v Avila, 177 AD2d 426).

*911Because the defendant pleaded guilty with the understanding that he would receive the sentence which was thereafter actually imposed, he has ‍‌‌‌​​​‌‌‌‌‌​​‌​‌​​‌‌‌​‌​‌‌​​‌‌​​​​‌​​‌‌‌‌​‌​‌​‌​​‌​​‌​​​​‌​​​‌​​‌‌‌​​‌‌‌​​​​​​​‌​‌‌​‌​‌​​‌​‌​‌‌‌‍no basis to now complain that his sentence was excessive (see, People v Kazepis, 101 AD2d 816). Thompson, J. P., Balletta, Rosenblatt and Eiber, JJ., concur.

Case Details

Case Name: People v. Williams
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jan 25, 1993
Citations: 189 A.D.2d 910; 592 N.Y.S.2d 471; 1993 N.Y. App. Div. LEXIS 617
Court Abbreviation: N.Y. App. Div.
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