PEOPLE v. LAFONTANT

Ind. No. 3042/17. Appeal No. 12556. Case No. 2019-3951.

189 A.D.3d 461 (2020)

136 N.Y.S.3d 280

2020 NY Slip Op 07298

The People of the State of New York, Respondent, v. Luders Lafontant, Appellant.

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

Decided December 3, 2020.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Danielle Krumholz of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Michael J. Yetter of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Kern, Shulman, JJ.


Defendant's claim of ineffective assistance of counsel is not reviewable on direct appeal because the existing record does not reveal what advice trial counsel actually gave defendant concerning the immigration consequences of his guilty plea. The existing record shows that, after the plea court made general references to some possible immigration consequences, it asked if defense counsel had "explained those potential negative immigration consequences" to defendant, and...

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