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PEOPLE v. LANTIGUA

10764, 7466/98.

184 A.D.3d 80 (2020)

123 N.Y.S.3d 95

2020 NY Slip Op 02557

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GUSTAVO LANTIGUA, Appellant.

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

Decided April 30, 2020.

Attorney(s) appearing for the Case

The Law Office of Andrew L. Friedman, New York City ( Andrew L. Friedman of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Frank Glaser of counsel), for respondent.

MAZZARELLI and KAPNICK, JJ., concur with RENWICK, J.P.; WEBBER, J., dissents in a separate opinion.

OPINION OF THE COURT

This appeal involves a summary denial, without a hearing, of a postjudgment CPL 440.10 motion claiming ineffective assistance of counsel regarding a guilty plea that subjected defendant to mandatory deportation. We find that the trial court improperly denied the motion without a hearing pursuant to CPL...

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