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PEOPLE v. OLMEDO

3776, 3470/10.

149 A.D.3d 588 (2017)

2017 NY Slip Op 03060

50 N.Y.S.3d 284

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARIO OLMEDO, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 20, 2017.

While the question of whether a defendant was prejudiced by the lack of advice from the court about the deportation consequences of a guilty plea is generally to be determined by way of a hearing (see People v Peque, 22 N.Y.3d 168, 200 [2013], cert denied 574 US ___, 135 S.Ct. 90 [2014]), under the circumstances of this case, viewed as a whole,...

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