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PEOPLE v. OLIVERO

15663, 6306/10

130 A.D.3d 479 (2015)

13 N.Y.S.3d 408

2015 NY Slip Op 06017

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CAMACHO OLIVERO, Appellant.

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

Decided July 9, 2015.

The court properly exercised its discretion in denying defendant's CPL 440.10 motion without holding a hearing (see People v Samandarov, 13 N.Y.3d 433, 439-440 [2009]; People v Satterfield, 66 N.Y.2d 796, 799-800 [1985]). In this post-Padilla case, defense counsel sufficiently met his obligation under Padilla v Kentucky (559 U.S. 356 [2010]) to advise defendant of the risk...

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