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PEOPLE v. QINGHUA NI

4734/16. 11719A. 11719.

184 A.D.3d 541 (2020)

124 N.Y.S.3d 547

2020 NY Slip Op 03621

The People of the State of New York, Respondent, v. Qinghua Ni, Appellant.

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

Decided June 25, 2020.

A defense attorney's performance is deficient as a matter of law where he or she fails to accurately advise a client of the risk of deportation (see Padilla v Kentucky, 559 U.S. 356, 367-374 [2010]). Here, defendant complains that his counsel overstated the immigration consequences of accepting an offer of a guilty plea to petit larceny by advising him that it would "definitely" result in deportation, when in fact it would only have...

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