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PEOPLE v. SANCHEZ

3871. 8678/99.

150 A.D.3d 589 (2017)

2017 NY Slip Op 04200

55 N.Y.S.3d 208

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LESLEY SANCHEZ, Appellant.

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

Decided May 25, 2017.

The court improvidently exercised its discretion in denying without a hearing defendant's CPL 440.10 motion alleging ineffective assistance of counsel for failure to render accurate advice on the immigration consequences of pleading guilty to a felony (see People v Picca, 97 A.D.3d 170 [2d Dept 2012], citing inter alia People v McDonald, 1 N.Y.3d 109 [2003]), without a hearing. Defendant...

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