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PEOPLE v. JIAN JING HUANG

302 A.D.2d 90 (2002)

752 N.Y.S.2d 305

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JIAN JING HUANG, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

December 24, 2002.

Attorney(s) appearing for the Case

Morrie I. Kleinbart of counsel (Mary C. Farrington on the brief; Robert M. Morgenthau, District Attorney, New York County, attorney), for appellant.

Daniel A. Warshawsky of counsel (Richard M. Greenberg, Office of the Appellate Defender, attorney), for respondent.

TOM, J.P., and SULLIVAN, J., concur with RUBIN, J.; ROSENBERGER and ELLERIN, JJ., dissent in a separate opinion by ROSENBERGER, J.

OPINION OF THE COURT

RUBIN, J.

This Court is asked to vacate a plea on the ground that defense counsel made affirmative, material misrepresentations concerning defendant's immigration status, thereby rendering counsel's assistance ineffective. It is axiomatic that the ground advanced for vacating a negotiated plea must be an adverse consequence of entering into the negotiated plea agreement. As the federal detainer under which defendant remains in custody...

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