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PEOPLE v. HUANG

1 N.Y.3d 532 (2003)

802 N.E.2d 1083

770 N.Y.S.2d 685

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JIAN JING HUANG, Appellant.

Court of Appeals of the State of New York.

Decided November 24, 2003.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City (Daniel A. Warshawsky and Richard M. Greenberg of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Morrie I. Kleinbart and Mary C. Farrington of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to that Court, with directions to dismiss the appeal taken to that Court.

Arguing a misapprehension of his immigration status based on information provided by his attorney, defendant moved to withdraw his plea of guilty, after sentence had been pronounced in open court. In the alternative, he moved to vacate his plea under CPL 440.10 (1)...

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