| People v Bermudez |
| 2019 NY Slip Op 05063 [173 AD3d 579] |
| June 25, 2019 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Jose Bermudez, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Arielle Reid of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Paul A. Andersen of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Patricia DiMango, J.), rendered August 6, 2013,
convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing
him to a term of 3
This Court previously remitted this matter to Supreme Court for a hearing on Peque grounds (People v Peque, 22 NY3d 168, 200 [2013], cert denied 574 US &mdash, 135 S Ct 90 [2014]), and held this appeal in abeyance for that purpose (People v Bermudez, 154 AD3d 410, 411 [1st Dept 2017]). Supreme Court (Ralph Fabrizio, J., at hearing) found that there is a reasonable possibility that defendant would not have pleaded guilty had the court advised him of the possibility of deportation as a result of his plea, and the People do not seek to challenge that determination. Accordingly, we vacate the conviction and remand this matter for further proceedings consistent with this decision and order. Concur—Sweeny, J.P., Manzanet-Daniels, Kahn, Gesmer, JJ.