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PEOPLE v. ACOSTA

5807. 2741/15.

202 A.D.3d 447 (2022)

158 N.Y.S.3d 581

2022 NY Slip Op 00737

The People of the State of New York, Respondent, v. Jesus M. Acosta, Appellant.

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

Decided February 3, 2022.

Attorney(s) appearing for the Case

Seymour W. James, Jr. , The Legal Aid Society, New York ( Joanne Legano Ross of counsel), for appellant.

Concur—Manzanet-Daniels, J.P., Webber, Oing, Mendez, Higgitt, JJ.

The existing record sufficiently demonstrates that defendant was deprived of effective assistance of counsel (see Padilla v Kentucky, 559 U.S. 356, 369, 374 [2010]) when his attorney failed to advise him that his guilty plea to a drug-related felony would result in mandatory deportation, and merely stated that "this may and probably will affect his immigration status" (see e.g. People v Remigio, 192 A.D.3d 519 [1st Dept 2021]...

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