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S CR. THE PEOPLE, ap v. LUIS A. CURILLO, res

2011-2078 S CR. THE PEOPLE, ap v. LUIS A. CURILLO, res — Appeal from an order of the District Court of Suffolk County, First District (James P. Flanagan, J.), dated January 27, 2011. The order granted defendant's motion to vacate judgments convicting him, upon his pleas of guilty, of attempted menacing in the second degree.

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2011-2078 S CR. THE PEOPLE, ap v. LUIS A. CURILLO, res — Appeal from an order of the District Court of Suffolk County, First District (James P. Flanagan, J.), dated January 27, 2011. The order granted defendant’s motion to vacate judgments convicting him, upon his pleas of guilty, of attempted menacing in the second degree.

ORDERED that the order is affirmed. Following defendant’s pleas of guilty, judgments were rendered on December 12, 2007 convicting defendant of two separate charges of attempted menacing in the second degree (Penal Law §§110.00, 120.14). Defendant was sentenced to fines and a term of probation. Thereafter, defendant moved, pursuant to CPL 440.10, to vacate the judgments of conviction on the ground that he had received the ineffective assistance of counsel because his attorney had failed to advise him regarding the immigration consequences of his guilty plea. By order dated January 27, 2011, the District Court, following a hearing, granted defendant’s motion. This appeal by the People ensued.

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