PEOPLE v. BAEZ-ARIAS

112753.

203 A.D.3d 1409 (2022)

164 N.Y.S.3d 722

2022 NY Slip Op 01852

The People of the State of New York, Respondent, v. Yadiel Baez-Arias, Appellant.

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

Decided March 17, 2022.


Attorney(s) appearing for the Case

Law Offices of Danielle Neroni, Albany ( Danielle Neroni Reilly of counsel), for appellant.

Lorraine C. Diamond , District Attorney, Fonda ( Christina Pearson of counsel), for respondent.

Lynch, J.P., Clark, Aarons and Fisher, JJ., concur.


In June 2018, defendant, a noncitizen of the United States, pleaded guilty to grand larceny in the fourth degree and waived his right to appeal. In accordance with the terms of the plea agreement, County Court sentenced defendant to 1 1/3 to 4 years in prison. In January 2021, defendant moved pursuant to CPL 440.10 to vacate the judgment...

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