People v. Carpiochuqui

People v Carpiochuqui (2022 NY Slip Op 00430)

People v Carpiochuqui

2022 NY Slip Op 00430

Decided on January 26, 2022

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 January 26, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
COLLEEN D. DUFFY, J.P.
FRANCESCA E. CONNOLLY
SYLVIA O. HINDS-RADIX
LARA J. GENOVESI, JJ.
2020-02733
(Ind. No. 144/19)

James D. Licata, New City, NY (Lois Cappelletti of counsel), for appellant.

Thomas E. Walsh II, District Attorney, New City, NY (Jacob B. Sher of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Rockland County (Larry J. Schwartz, J., at plea; Kevin F. Russo, J., at sentencing), rendered September 18, 2019, convicting him of criminal contempt in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Although the defendant has served his sentence, the question of whether the sentence imposed should be reduced is not academic, because the sentence imposed has potential immigration consequences (see 8 USCA § 1101[f][7]; People v Saveljevs, 180 AD3d 943, 943; People v Juarez, 174 AD3d 822, 822). Considering all the relevant circumstances of this case, we conclude that the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

DUFFY, J.P., CONNOLLY, HINDS-RADIX and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court