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PEOPLE v. CHACKO

8257-3696/07, 8258.

99 A.D.3d 527 (2012)

952 N.Y.S.2d 160

2012 NY Slip Op 6840

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MATTHEW CHACKO, Appellant.

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

October 11, 2012.

This case presents factual issues requiring a hearing into whether defendant was deprived of effective assistance of counsel under Padilla v Kentucky (559 US ___, 130 S.Ct. 1473 [2010]). Defendant alleges that his attorney prejudicially failed to advise him of the immigration consequences of his plea. Defendant acknowledges that his attorney was unaware her client was not a United States citizen, but alleges that the attorney never...

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