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PEOPLE v. GARCIA

4050-06

29 Misc.3d 756 (2010)

907 N.Y.S.2d 398

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JOSE GARCIA, Defendant.

Supreme Court, Kings County.

Decided August 26, 2010.

Attorney(s) appearing for the Case

Andrew L. Friedman for defendant.

Charles J. Hynes , District Attorney ( Jill Oziemblewski of counsel), for plaintiff.

OPINION OF THE COURT

JOSEPH KEVIN McKAY, J.

Introduction

Defendant Jose Garcia has submitted a CPL article 440 motion which calls upon this court to decide whether the United States Supreme Court's recent decision in Padilla v Kentucky (559 US ___, 130 S.Ct. 1473 [2010] [addressing counsel's obligations to inform a client about deportation consequences of a guilty plea]) should be applied retroactively....

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