Immigrant Defense Project, New York City ( Manuel D. Vargas and Dawn M. Seibert of counsel), New York State Defenders Association, Albany ( Jonathan E. Gradess of counsel), New York State Association of Criminal Defense Lawyers, New York City ( Marc Fernich and Brendan White of counsel), National Association of Criminal Defense Lawyers, Washington, D.C. ( Norman L. Reimer of counsel), and National Association of Criminal Defense Lawyers, New York City ( Joel B. Rudin of counsel), for New York State Defenders Association, Inc. and others, amici curiae.
Judges GRAFFEO, SMITH and PIGOTT concur with Judge READ; Chief Judge LIPPMAN dissents in an opinion; Judge RIVERA dissents in a separate opinion; Judge ABDUS-SALAAM taking no part.
Court of Appeals of New York.
OPINION OF THE COURT
READ, J.
The United States Supreme Court held in Padilla v Kentucky (559 U.S. 356 [2010]) that the Sixth Amendment requires criminal defense counsel to advise their noncitizen clients about the risk of deportation arising from a guilty plea. The Court subsequently held in Chaidez v United States (568 US ___, 133 S.Ct. 1103 [2013]) that Padilla...
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