PEOPLE v. DIALLO

104609

113 A.D.3d 199 (2013)

976 N.Y.S.2d 732

2013 NY Slip Op 8472

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THIERNO M. DIALLO, Appellant.

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

Decided December 19, 2013.


Attorney(s) appearing for the Case

R. Graham McNamara , Glenville, for appellant.

Andrew J. Wylie , District Attorney, Plattsburgh ( Timothy Blatchley of counsel), for respondent.

STEIN, J.P., McCARTHY and EGAN JR., JJ., concur.


OPINION OF THE COURT

SPAIN, J.

In October 2008, defendant pleaded guilty to criminal possession of a controlled substance in the third degree in satisfaction of two indictments and waived his right to appeal. On direct appeal, this Court affirmed, rejecting, among other arguments, defendant's limited claim that his plea was involuntary based upon the failure of County Court and his trial counsel to advise him on the record that deportation was a possible...

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