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PEOPLE v. BRAZIL

12461, 2159N/09

123 A.D.3d 466 (2014)

998 N.Y.S.2d 181

2014 NY Slip Op 08555

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT BRAZIL, Appellant.

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

Decided December 9, 2014.

Defendant claims that his plea was involuntary because the court did not advise him that if he was not a United States citizen, he could be deported as a result of his plea, as required under People v Peque (22 N.Y.3d 168 [2013], cert denied ___ US ___, 135 S.Ct. 90 [2014]). The People argue that Peque is a new rule within the meaning of People v Pepper (53 N...

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