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PEOPLE v. PICCA

2006-09056, 2010-10696.

97 A.D.3d 170 (2012)

947 N.Y.S.2d 120

2012 NY Slip Op 4368

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLAUDIO PICCA, Appellant.

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

June 6, 2012.

Attorney(s) appearing for the Case

Lynn W. L. Fahey , New York City, for appellant.

Charles J. Hynes , District Attorney, Brooklyn ( Leonard Joblove and Shulamit Rosenblum Nemec of counsel), for respondent.

DICKERSON, ENG and SGROI, JJ., concur.

OPINION OF THE COURT

SKELOS, J.P.

In Padilla v Kentucky (559 US —, 130 S.Ct. 1473 [2010]), the United States Supreme Court determined that a criminal defendant whose attorney failed to provide advice as to the immigration consequences of his plea of guilty received representation falling below an objective standard of reasonableness. The Court declined, however, to determine in the first instance whether the...

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