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STATE v. BARROS

No. A-1288-10T2

41 A.3d 601 (2012)

425 N.J. Super. 329

STATE of New Jersey, Plaintiff-Appellant, v. Paulo BARROS, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 6, 2011.

Submitted May 25, 2011.

Remanded by Supreme Court March 7, 2012.

Resubmitted April 13, 2012.

Attorney(s) appearing for the Case

Bruce J. Kaplan , Middlesex County Prosecutor, attorney for appellant ( Simon Louis Rosenbach , Assistant Prosecutor, of counsel and on the brief; Nancy A. Hulett , Assistant Prosecutor, of counsel and on the supplemental brief).

Iacullo Martino, L.L.C., Nutley, attorneys for respondent ( Anthony J. Iacullo , of counsel; Mr. Iacullo and Joshua H. Reinitz , on the brief and supplemental brief).

Before Judges FISHER, SAPP-PETERSON and SIMONELLI.

The opinion of the court was delivered by

FISHER, J.A.D.

In Padilla v. Kentucky, 559 U.S. ___, ___, 130 S.Ct. 1473, 1483, 176 L.Ed.2d 284, 296 (2010), the Supreme Court of the United States held that an attorney's failure to advise a noncitizen client that a guilty plea will lead to mandatory deportation deprives the client of the effective assistance of counsel guaranteed by the Sixth Amendment. Previously...

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