People v. Tenemaza

Summary

The Appellate Division, Second Department affirmed a judgment convicting Manuel Lema Tenemaza of aggravated driving while intoxicated with a child following his guilty plea. The court held that his challenge to amendment of the superior court information was forfeited by the plea and barred by his appeal waiver. It also held that his claim concerning inadequate advice about immigration consequences was unpreserved and declined to review it in the interest of justice.

Holdings

1. Defendant's challenge to the County Court's amendment of the superior court information to cure a nonjurisdictional defect was forfeited by his guilty plea and barred by his uncontested appeal waiver.
2. Defendant's claim that his guilty plea was involuntary because the County Court failed to properly advise him of the immigration consequences was unpreserved for appellate review, and the court declined to review it in the interest of justice.

Questions Presented

1. Whether defendant could challenge the County Court's amendment of the superior court information to cure a nonjurisdictional defect after pleading guilty and signing an uncontested appeal waiver.
2. Whether defendant's guilty plea was involuntary because the County Court allegedly failed to properly advise him of the plea's immigration consequences.

Disposition

affirmed