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PEOPLE v. MOTHERSIL

2001KN053305

45 Misc.3d 927 (2014)

994 N.Y.S.2d 500

2014 NY Slip Op 24238

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. STANLEY MOTHERSIL, Defendant.

Criminal Court of the City of New York, Kings County.

Decided August 6, 2014.

Attorney(s) appearing for the Case

Appellate Advocates ( Lynn W.L. Fahey and Mark W. Vorkink of counsel) for defendant.

Kenneth P. Thompson , District Attorney ( Leonard Joblove , Victor Barall and Terrence F. Heller of counsel), for plaintiff.

OPINION OF THE COURT

RICHARD J. MONTELIONE, J.

Defendant moves, pursuant to Criminal Procedure Law § 440.10 (1) (h), for an order vacating the judgment of conviction and sentence entered against him. On November 15, 2001, defendant pleaded guilty to attempted third-degree assault (Penal Law §§ 110.00, 120.00 [1]). Defendant now asserts that he received inadequate assistance of counsel because he was not informed of the deportation risks at...

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