What is the effect of a conditional plea in a criminal possession case?

Defendant pleaded guilty to disorderly conduct ( Penal Law 240.20 ) in satisfaction of an accusatory instrument which had charged him with two counts of criminal possession of a forged instrument in the second degree ( Penal Law 170.25 ) and three counts of criminal possession of forgery devices ( Penal Law 170.40 [2] ). On June 21, 2016, prior to pleading guilty, defendant was provided with a "Notice of Immigration Consequences" of his plea, and defense counsel acknowledged receipt of the form and indicated that he had explained the notice to defendant. Defendant then agreed to a conditional plea, whereby he would plead guilty to the reduced charge of criminal possession of a forged instrument in the third degree ( Penal Law 170.20 ) and the added charge of disorderly conduct ( Penal Law 240.20 ) in satisfaction of the accusatory instrument and in exchange for a sentence of a conditional discharge, one of the conditions of which was to complete 15 days of community service. The agreement provided for the vacatur of the guilty plea to criminal possession of a forged instrument in the third degree if defendant completed the community service within a specified period of time. On October 17, 2016, defendant returned to court after having completed his community service, the court vacated both of defendant's guilty pleas, the charge of criminal possession of a forged instrument in the third degree was dismissed, and defendant pleaded guilty once again to disorderly conduct. During the allocution, the court warned defendant that, if he was not a citizen of the United States, the plea could have negative immigration consequences for him, including the possibility of being deported, and defendant confirmed that he understood. On appeal, citing to People v. Peque (22 NY3d 168, 197 [2013] ), defendant contends that he did not enter into his guilty plea knowingly, voluntarily, and intelligently because the court did not advise him, prior to entering the plea, of its potential deportation consequences.