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PEOPLE v. FERNANDEZ

129N/06, 1866A, 55N/12, 1866.

143 A.D.3d 505 (2016)

2016 NY Slip Op 06665

39 N.Y.S.3d 419

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JONATHAN FERNANDEZ, Appellant.

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

Decided October 11, 2016.

Defendant, who contends that his plea to possession of a controlled substance was involuntary because the plea court in 2006 failed to advise him that he could be deported as a result of his plea (see People v Peque, 22 N.Y.3d 168 [2013], cert denied 574 US ___, 135 S.Ct. 90 [2014]), has not established that the exception set forth to the preservation requirement set forth in Peque...

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