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PEOPLE v. NUNEZ

5793. 5435/13.

158 A.D.3d 566 (2018)

68 N.Y.S.3d 727

2018 NY Slip Op 01257

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDISON NUNEZ, Appellant.

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

Decided February 22, 2018.

Defendant's ineffective assistance of counsel claim is unreviewable on direct appeal. Defendant claims he was deprived of effective assistance because his attorney misadvised him of the immigration consequences of his plea (see Padilla v Kentucky, 559 U.S. 356 [2010]). The record is insufficient to permit adequate review of defendant's claim. Accordingly, since defendant has not made a CPL 440.10 motion, the merits of the ineffectiveness...

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