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PEOPLE v. DIABATE

4879, 5090/14.

155 A.D.3d 416 (2017)

62 N.Y.S.3d 802

2017 NY Slip Op 07683

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARY DIABATE, Appellant.

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

Decided November 2, 2017.

Defendant, who contends that his plea was involuntary because the court never advised him that he could be deported as a result of his plea (see People v Peque, 22 N.Y.3d 168 [2013], cert denied 574 US ___, 135 S.Ct. 90 [2014]), has not established that the exception to the preservation requirement set forth in Peque (id. at 182-183) should apply. The record demonstrates that...

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