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The People of the State of New York, Respondent v. Darwin Castro

New York Supreme and/or Appellate Courts Appellate Division, First Department


November 15, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
DARWIN CASTRO, DEFENDANT-APPELLANT.

People v Castro

Decided on November 15, 2012

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.

Friedman, J.P., Sweeny, Moskowitz, Freedman, Roman, JJ.

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

20121115

© 1992-2012 VersusLaw Inc.



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