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PEOPLE v. GATIEN

17 A.D.3d 101 (2005)

792 N.Y.S.2d 446

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PETER GATIEN, Appellant.

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

April 5, 2005.

The court properly denied defendant's CPL 440.10 motion. Defendant's factual allegations were insufficient to support a claim that his guilty plea should be vacated on the ground of ineffective assistance of counsel (see Hill v Lockhart, 474 U.S. 52 [1985]). Contrary to defendant's claim, counsel's advice relative to the deportation consequences of his plea, judged on the facts of the particular case and viewed as of the time the advice...

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