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PEOPLE v. BADIA

10005-5131/07, 10006.

106 A.D.3d 514 (2013)

964 N.Y.S.2d 906

2013 NY Slip Op 3546

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTONIO BADIA, Appellant.

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

Decided May 16, 2013.

Initially, we note that the People do not dispute the applicability, to defendant's CPL 440.10 motion, of Padilla v Kentucky (559 U.S. 356 [2010]), which was decided while defendant's direct appeal was pending.

The motion court erred in holding that it was "constrained," by People v Diaz (7 N.Y.3d 831 [2006]), to deny defendant's Padilla-based motion to vacate his conviction because defendant had been deported...

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