People v. Oouch
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Defendant, a Russian citizen who migrated to this country as a child in 1993, pleaded guilty in 2008 to use of a child in a sexual performance and possession of a sexual performance by a child. He was sentenced to an aggregate term of imprisonment of nine years, with three years of postrelease supervision. When the US Immigration and Naturalization Service later informed defendant that he would be deported to Russia, he moved pursuant to CPL 440.10 to vacate the judgment of conviction based *905upon, among other things, the ineffectiveness of his counsel in failing to advise him of the…
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