PEOPLE v. McDONALD


1 N.Y.3d 109 (2003)

802 N.E.2d 131

769 N.Y.S.2d 781

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRUCE McDONALD, Appellant.

Court of Appeals of the State of New York.

Decided November 24, 2003.


Attorney(s) appearing for the Case

New York State Defenders Association, Albany (Alfred O'Connor of counsel), for appellant.

George M. Dentes, District Attorney, Ithaca, for respondent.

Chief Judge KAYE and Judges G.B. SMITH, ROSENBLATT, GRAFFEO and READ concur.


OPINION OF THE COURT

CIPARICK, J.

This appeal raises the question whether, under certain circumstances, a defense counsel's incorrect advice as to deportation consequences of a plea may constitute ineffective assistance of counsel. We answer in the affirmative but conclude that in the instant case—where defendant has failed to make the requisite showing of prejudice due to counsel's incorrect advice...

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