People v Castro

People v Castro 2012 NY Slip Op 07761 Decided on November 15, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 15, 2012
Friedman, J.P., Sweeny, Moskowitz, Freedman, Román, JJ.
8511 4607/07 583/08

[*1]The People of the State of New York, Respondent,

v

Darwin Castro, Defendant-Appellant.




Richard M. Greenberg, Office of the Appellate Defender, New
York (Joseph M. Nursey of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Orrie A. Levy of
counsel), for respondent.

Judgment, Supreme Court, Bronx County (William I. Mogulescu, J.), rendered January 30, 2009, convicting defendant, upon his pleas of guilty, of attempted robbery in the second degree and promoting prison contraband in the first degree, and sentencing him to an aggregate term of two years, unanimously affirmed.

Defendant did not preserve his challenge to the voluntariness of his guilty plea, and we decline to review it in the interest of justice. As an alternative holding, we find that in the first of the two plea proceedings in this case the court sufficiently warned defendant that he could expect to be deported as the result of his conviction.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 15, 2012

CLERK