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People v. Clemente

No Reasonable Possibility Ineffective Assistance of Counsel Allegation True Vacatur Denied

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DECISION AND ORDER

*1  By Indictment Number 3752/12, the Grand Jury of Bronx County charged the defendant, acting in concert with co-defendants David Yopigua and Manuel Gonzalez Cervantes, with Attempted Robbery in the First Degree and related offenses. The indictment alleged that in the course of attempting to steal the complainant’s wallet, the defendant and his co-defendants struck the complainant with a belt buckle and a glass bottle. On February 25, 2015, before this Court, the defendant pled guilty to Attempted Assault in the Second Degree as part of a plea agreement pursuant to which the defendant was to be sentenced to three years’ probation. After the defendant’s plea, but before his sentencing, the defendant was interviewed by the New York City Department of Probation (“Probation”) in the preparation of the Presentence Investigation Report. During that interview, the defendant acknowledged that he had been born in Mexico, and had entered the United States illegally in 2008. On March 31, 2015, this Court imposed the agreed-upon sentence. A Spanish interpreter was used for both the defendant’s plea and sentencing. The defendant has not appealed the judgment of conviction.*2

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