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PEOPLE v. NORBERTO

2016-05730. Ind. No. 15-00961.

188 A.D.3d 923 (2020)

132 N.Y.S.3d 334

2020 NY Slip Op 06554

The People of the State of New York, Respondent, v. Jerson Norberto, Appellant.

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

Decided November 12, 2020.

Ordered that the judgment is affirmed.

The defendant's contention that he was deprived of the effective assistance of counsel based upon his attorney's failure to advise him of the immigration consequences of his plea cannot be resolved without reference to matter outside the record, and thus, a CPL 440.10 proceeding is the appropriate forum for reviewing the defendant's ineffective assistance of counsel claim in its entirety (see People v Gustavo-Cano,

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