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PEOPLE v. PEQUE

No. 163, No. 164, No. 165

22 N.Y.3d 168 (2013)

3 N.E.3d 617

980 N.Y.S.2d 280

2013 NY Slip Op 7651

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN JOSE PEQUE, Also Known as JUAN JOSE PEQUE SICAJAN, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD DIAZ, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL THOMAS, Also Known as NEIL ADAMS, Appellant.

Court of Appeals of New York.

Decided November 19, 2013.

Attorney(s) appearing for the Case

Melissa A. Latino, Albany, for appellant in the first aboveentitled action.

Weeden A. Wetmore, District Attorney, Elmira (Susan Rider-Ulacco of counsel), for respondent in the first above-entitled action.

Richard M. Greenberg, Office of the Appellate Defender, New York City (Rosemary Herbert of counsel), for appellant in the second above-entitled action.

Cyrus R. Vance, Jr., District Attorney, New York City (Vincent Rivellese and Hilary Hassler of counsel), for respondent in the second above-entitled action.

Lynn W.L. Fahey, Appellate Advocates, New York City, for appellant in the third above-entitled action.

Richard A. Brown, District Attorney, Kew Gardens (Jennifer Hagan, Robert J. Masters and John M. Castellano of counsel), for respondent in the third above-entitled action.

Kramer Levin Naftalis & Frankel LLP, New York City (Craig L. Siegel, Carl D. Duffield, Ashley S. Miller and Anna K. Ostrom of counsel), and Dawn Seibert for Immigrant Defense Project, amicus curiae in the first, second and third above-entitled actions.

OPINION OF THE COURT

ABDUS-SALAAM, J.

In these criminal appeals, we are called upon to decide whether, prior to permitting a defendant to plead guilty to a felony, a trial court must inform the defendant that, if the defendant is not a citizen of this country, he or she may be deported as a result of the plea. Our resolution of this issue is grounded in the right to due process of law, the bedrock of our constitutional order. That guarantee, most plain in...

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