Ordered that the order is reversed, on the law, the defendant's motion pursuant to CPL 440.10 to vacate the judgment is denied, and the judgment is reinstated.
On March 31, 1998, the defendant, a native of the Dominican Republic and a lawful permanent resident of the United States, pleaded guilty to attempted criminal sale of a controlled substance in the third degree. On May 29, 1998, he was sentenced to a five-year period of probation. Twelve years later, in June...
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