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PEOPLE v. LLIBRE

14120.

125 A.D.3d 422 (2015)

2 N.Y.S.3d 459

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCOS LLIBRE, Appellant.

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

Decided February 3, 2015.

Defendant's ineffectiveness of counsel claims are primarily based on his attorney's alleged failure to advise him about the risk of deportation arising from his guilty plea (see Padilla v Kentucky, 559 U.S. 356 [2010]). However, Padilla has no retroactive application to this appeal (see Chaidez v United States, 568 US —, 133 S.Ct. 1103 [2013]; People v Baret, 23 N.Y.3d 777

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