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PEOPLE v. SANTER

30 A.D.3d 1129 (2006)

816 N.Y.S.2d 444

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANTZ SANTER, Appellant.

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

June 6, 2006.

Since defendant's ineffective assistance of counsel claim turns on matters outside the record, including counsel's specific advice to defendant concerning the immigration consequences of his plea, it is not reviewable on direct appeal and would require a further record to be developed by way of a CPL 440.10 motion (see People v Love, 57 N.Y.2d 998 [1982]). On the existing record, to the extent it permits review, we find that defendant...

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