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People v. Delarossa

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT


December 2, 2008

THE PEOPLE, ETC., RESPONDENT,
v.
DANNY DELAROSSA, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered November 13, 2006, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

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.

STEVEN W. FISHER, J.P., RUTH C. BALKIN, WILLIAM E. McCARTHY and JOHN M. LEVENTHAL, JJ.

(Ind. No. 10274/06)

DECISION & ORDER

ORDERED that the judgment is affirmed.

The defendant's claim that the Supreme Court misadvised him concerning the immigration consequences of his plea is without merit (see CPL 220.50[7]; cf. People v Argueta, 46 AD3d 46, 51). The defendant's claim that he was denied the effective assistance of counsel because counsel failed to negotiate a plea to a crime that would not have constituted an "aggravated felony" under federal law (8 USC § 1101[a][43][B]) rests largely on matter dehors the record and, to that extent, it cannot be reviewed (see People v Madrid, 52 AD3d 532, 533, lv denied 11 NY3d 790; People v Drago, 50 AD3d 920). To the extent that the claim can be reviewed on the record, counsel provided the defendant with meaningful representation (see People v Browning, 44 AD3d 1067, 1067-1068; People v Rodriguez, 32 AD3d 481, 482; People v Reels, 17 AD3d 488, 489).

FISHER, J.P., BALKIN, McCARTHY and LEVENTHAL, JJ., concur.

20081202

© 1992-2008 VersusLaw Inc.



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