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PEOPLE v. GOMEZ

11570. 158/15.

186 A.D.3d 422 (2020)

129 N.Y.S.3d 60

2020 NY Slip Op 04518

The People of the State of New York, Respondent, v. German Gomez, Appellant.

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

Decided August 13, 2020.

Defendant's claim of ineffective assistance of counsel is not reviewable on direct appeal, because the existing record does not make "irrefutably" clear "that a right to counsel violation has occurred" (People v McLean, 15 N.Y.3d 117, 121 [2010]). Specifically, the existing record does not reveal the advice concerning the immigration consequences of the plea that defendant actually received from his trial counsel. Rather, the record...

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