Judge David Frey

George, charged with criminal possession of a controlled substance, pleaded guilty to a reduced charge, and sentenced to time served. The court vacatur of his judgment of conviction arguing his prior attorney, from Legal Aid Society (LAS), misinformed him he did not have to worry about his plea, despite rendering him automatically deportable as a lawful permanent resident. Prosecutors opposed arguing George's ineffective assistance of counsel claim was unsupported by prior counsel's affidavit, George suffered no prejudice as another prior conviction for sexual misconduct rendered it likely he would be deported. George's immigration attorney indicated it was his controlled substance conviction, not sexual misconduct conviction, that was causes for his mandatory detention and deportation. The court stated George had no right to an immigration-safe plea. Also, George met the People v. McDonald standard—making the allegation that but for counsel's misadvice he would not have pleaded guilty. Further, George's new counsel attempted to get affidavits from LAS attorneys, but they were rebuffed. As such, the court ruled George was entitled to a hearing to determine prior counsel's effectiveness limited to issues of whether counsel affirmatively misadvised George.