People v DiPietro

People v DiPietro 2014 NY Slip Op 02073 Decided on March 26, 2014 Appellate Division, Second 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 March 26, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
2012-01585
(Ind. No. 09-00961)

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

v

Amerigo DiPietro, appellant.




Christopher J. Cassar, P.C., Huntington, N.Y. (Richard Toscani
of counsel), for appellant.
Janet DiFiore, District Attorney, White Plains, N.Y.
(Raffaelina Gianfrancesco and Richard
Longworth Hecht of counsel), for
respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Holdman, J., at plea; Molea, J., at sentencing), rendered February 9, 2011, convicting him of grand larceny in the second degree (three counts), scheme to defraud in the first degree, and conspiracy in the fourth degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant contends that his plea of guilty was not knowing and voluntary because the prosecutor, who conducted much of the plea proceeding under the supervision of the Supreme Court, misadvised him of the deportation consequences of his plea of guilty. This contention is unpreserved for appellate review (see People v Peque, 22 NY3d 168; People v Murray, 15 NY3d 725). In any event, the contention is without merit. The Supreme Court, through the prosecutor (see People v Bethune, 91 AD3d 966), properly discharged its duty to inform the defendant of the immigration consequences of his plea of guilty (see People v Peque, 22 NY3d at 197).

The defendant's remaining contention is unpreserved for appellate review and, in any event, without merit.
MASTRO, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.

ENTER: [*2]

Aprilanne Agostino

Clerk of the Court