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PEOPLE v. McDONALD

7803. 947/10. 3256/12.

167 A.D.3d 430 (2018)

89 N.Y.S.3d 62

2018 NY Slip Op 08266

The People of the State of New York, Respondent, v. Devon C. McDonald, Appellant.

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

Decided December 4, 2018.

To the extent the record reflects the extent of counsel's immigration advice to defendant on the immigration consequences of his plea, it shows that counsel rendered deficient advice (see Padilla v Kentucky, 559 U.S. 356 [2010]) when he stated on the record that defendant "could" be deported, whereas he was actually pleading guilty to an aggravated felony for which deportation was presumptively mandatory. However, the plea court immediately...

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