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PEOPLE v. DE LA ROSA

Ind. No. 3687/05. Appeal No. 16943. Case No. 2022-00418.

211 A.D.3d 588 (2022)

179 N.Y.S.3d 661

2022 NY Slip Op 07201

The People of the State of New York, Respondent, v. Wander Duran De La Rosa, Appellant.

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

Decided December 20, 2022.

Attorney(s) appearing for the Case

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

Alvin L. Bragg, Jr., District Attorney, New York (Julia Gorski of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Oing, Singh, Scarpulla, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Daniel P. Conviser, J.), entered on or about February 24, 2021, which denied defendant's CPL 440.10 motion to vacate a judgment of conviction rendered September 13, 2010, unanimously affirmed.

After a hearing, the court properly denied defendant's motion, in which he claimed that his attorney rendered ineffective assistance by misadvising him that he would not be subject to deportation proceedings as a result of his guilty plea...

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