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PEOPLE v. REYATI

254 A.D.2d 199 (1998)

681 N.Y.S.2d 231

The People of the State of New York, Respondent, v. Bassam Reyati, Appellant

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

October 27, 1998

Defendant's motions were properly denied. The court's promise to allow defendant to "withdraw his plea" in the event of adverse immigration consequences was of necessity limited to the period prior to sentencing (CPL 220.60). Subsequent to sentencing, a plea may not be withdrawn, and a judgment of conviction may only be vacated upon a legal ground specified in CPL 440.10 (1). Since defendant bears the burden of placing on the record...

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