PEOPLE v. ROSARIO

1640/97, 15839, 15838.

132 A.D.3d 454 (2015)

17 N.Y.S.3d 134

2015 NY Slip Op 07430

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN PAULINO ROSARIO, Appellant.

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

Decided October 13, 2015.


Order, Supreme Court, New York County (Robert M. Mandelbaum, J.), entered on or about July 19, 2013, which denied defendant's CPL 440.10 motion to vacate a judgment of conviction rendered January 13, 1998, unanimously reversed, on the law, and the matter remanded for further proceedings.

Defendant made a sufficient showing to warrant a hearing on his claim that his attorney rendered ineffective assistance by providing erroneous and prejudicial advice about the immigration...

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