PEOPLE v. MENDOZA

2006-10395

2008 NY Slip Op 07263

THE PEOPLE, ETC., respondent, v. THELMA MENDOZA, appellant.

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

Decided September 30, 2008.


Attorney(s) appearing for the Case

S. Michael Musa-Obregon, P.C., Maspeth, N.Y. (Juan P. Luciano of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.

Before: Steven W. Fisher, J.P., Ruth C. Balkin, William E. McCarthy, Cheryl E. Chambers, JJ.


DECISION & ORDER

ORDERED that the judgment is affirmed.

The defendant raises only one claim on this appeal, which is that she was denied the effective assistance of counsel because her attorney misrepresented to her that there would be no immigration consequences as a result of her plea of guilty, and that she would not have pleaded guilty had she not received this misadvice (see People v McDonald, 1 N.Y.3d 109). This...

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