A Manhattan judge recently ordered a hearing to determine if a defendant was wrongly advised about whether his guilty plea to criminal possession of a controlled substance would have immigration consequences.
In People v. George, 2000NY055185, NYLJ June 23, 2017, the defendant moved pursuant to CPL 440.10(1)(h) to vacate his judgment of conviction because he alleged that his attorney told him that a guilty plea would not have any immigration consequences. If it turns out that the defendant’s lawyer gave him the wrong advice, and the defendant would have gone to trial if he had been given this correct advice, the defendant is going to be able to take back his plea.
BEFORE ENTERING INTO A GUILTY PLEA, IT IS IMPERATIVE THAT A DEFENDANT IS ADVISED ABOUT IMMIGRATION CONSEQUENCES.