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PEOPLE v. DIAZ

6357, 5387/06

92 A.D.3d 413 (2012)

937 N.Y.S.2d 225

2012 NY Slip Op 717

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD DIAZ, Appellant.

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

Decided February 2, 2012.

Defendant did not preserve his challenge to the voluntariness of his guilty plea, and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. While the duty to advise a defendant of the possibility of deportation before accepting a plea of guilty is imposed on the trial courts by statute (CPL 220.50 [7]), the court's "failure to do so does not affect the voluntariness of a guilty...

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