People v. Llibre
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Bonnie G. Wittner, J.), entered on or about June 27, 2013, which denied defendant’s CPL 440.10 motion to vacate a 2007 judgment of conviction, unanimously affirmed.
Defendant’s ineffectiveness of counsel claims are primarily based on his attorney’s alleged failure to advise him about the risk of deportation arising from his guilty plea (see Padilla v Kentucky, 559 US 356 [2010]). However, Padilla has no retroactive application to this appeal (see Chaidez v United States, 568 US —, 133 S Ct 1103 [2013]; People v Baret, 23 NY3d 777 [2014]). Since the…
2Cases cited14 opinions
- Padilla v. KentuckySupreme Court of the United States · 2010
- Chaidez v. United StatesSupreme Court of the United States · 2013
- People v. PequeNew York Court of Appeals · 2013
- People v. LoureeNew York Court of Appeals · 2007
- People v. McDonaldNew York Court of Appeals · 2003
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- People v. LovejoyAppellate Division of the Supreme Court of the State of New York · 2016
- People v. ShabaanAppellate Division of the Supreme Court of the State of New York · 2016
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