PEOPLE v. GARCIA

4633, 4117/93.

154 A.D.3d 626 (2017)

2017 NY Slip Op 07561

64 N.Y.S.3d 7

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEJANDRO GARCIA, Appellant.

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

Decided October 31, 2017.


Defendant alleged in support of his CPL 440.10 motion that counsel affirmatively misled him about the deportation consequences of his guilty plea, by misadvising him that he would not be deportable if he pleaded guilty, and that the plea would not "pose any immigration problems." However, since defendant pleaded guilty to an aggravated felony under federal law, deportation was actually mandatory (see People v Corporan, ...

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