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PEOPLE v. RICHARDS

689/13. 10336A. 8/15. 10336.

177 A.D.3d 469 (2019)

114 N.Y.S.3d 292

2019 NY Slip Op 08268

The People of the State of New York, Respondent, v. Onandi Richards, Appellant.

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

Decided November 14, 2019.

The record of the hearing on defendant's CPL article 440 motion establishes that defendant was denied effective assistance of counsel in regard to immigration-related aspects of plea negotiations (see Padilla v Kentucky, 559 U.S. 356, 373 [2010]; see also Lafler v Cooper, 566 U.S. 156, 162 [2012]). The hearing evidence demonstrated that defense counsel had no strategic reason for his failure to seek a sentence "that would result...

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