PEOPLE v. ARGUETA


46 A.D.3d 46 (2007)

844 N.Y.S.2d 63

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAURICIO ARGUETA, Appellant.

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

October 9, 2007.


Attorney(s) appearing for the Case

Kerry Sloane Bassett, Central Islip, for appellant.

Kathleen M. Rice, District Attorney, Mineola (Robert A. Schwartz and Sarah Spatt of counsel), for respondent.

SANTUCCI, KRAUSMAN and BALKIN, JJ., concur.


OPINION OF THE COURT

SCHMIDT, J.P.

The sole issue presented on this appeal is whether the defendant was denied the effective assistance of counsel when he was advised that deportation was a possible consequence of his plea of guilty, under circumstances where it was virtually certain that he would be deported following his conviction. The facts are undisputed.

The defendant, Mauricio Argueta, is a native of El Salvador who lawfully entered the United...

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