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Sunday, August 21, 2016

STATE OF NEW JERSEY VS. MARIANO ANTUNA A-0849-14T2

STATE OF NEW JERSEY VS. MARIANO ANTUNA 
A-0849-14T2 

Defendant's counsel's failure to read to him and have him answer question seventeen on the plea form, which would have conveyed to defendant the risk of deportation, resulted in ineffective assistance of counsel and requires his plea be vacated. Although counsel provided no affirmative misadvice as discussed in Nuñez-Valdéz, counsel's failure to review the question on the plea form with defendant, who could not speak or read English, requires reversal.