Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

People v. Moreno

Defendant Cannot Show Attorney's Alleged Immigration Misadvice Prejudiced Him

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION & ORDER

*1  Appeal, by permission, from an order of the Criminal Court of the City of New York, Richmond County (Alan J. Meyer, J.), dated November 14, 2016. The order denied, without a hearing, defendant’s motion, pursuant to CPL 440.10, to vacate a judgment convicting him, upon his plea of guilty, of assault in the third degree.PER CURIAMORDERED that the order is affirmed.Defendant was charged in a felony complaint with strangulation in the second degree (Penal Law §121.12), criminal obstruction of breathing or blood circulation (Penal Law §121.11 [a]), assault in the third degree (Penal Law §120.00 [1]), and harassment in the second degree (Penal Law §240.26 [1]). On January 28, 2014, as part of a plea bargain, an additional count of assault in the third degree (Penal Law §120.00 [2]) was added to the accusatory instrument and, after notations were made on the face of the instrument, the other counts were dismissed. Defendant then pleaded guilty to assault in the third degree (Penal Law §120.00 [2]) and was sentenced, as agreed upon, to six months’ incarceration. During the plea allocution, the court asked defendant, who was represented by counsel, if he understood that he “will be deported” based upon the plea, and defendant responded in the affirmative. On June 9, 2016, defendant moved, pursuant to CPL 440.10 (1) (h), to vacate the judgment of conviction on the ground that he had been denied the effective assistance of counsel. In support of the motion, defendant, who is an undocumented immigrant, submitted an affidavit in which he stated that his former counsel had misadvised him, before he had entered into the plea, by telling him that he “could have problems with immigration” as a consequence of taking the plea and reassuring him that he should not worry, thereby downplaying the likelihood of an immigration problem. Defendant further alleged that the conviction foreclosed his eligibility under the Deferred Action for Childhood Arrivals (DACA) program, which was his only avenue to legally remain in the

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Legal Expert in Commercial & Real Estate Litigation / Property Dispute Specialist - New York

Be the game-changer at a pioneering Queens/Brooklyn law collective, making strides in Commercial and Real Estate Disputes. Immerse yourself ...


Apply Now ›
Entry Level Attorney - White Plains - New York

White Plains Insurance Defense Firm of 60+ years is looking for an entry level or pending admission to NYS Bar attorney.The Firm focus is on...


Apply Now ›
Multiple Offices (Los Angeles, CA; New York, NY) Corporate/Music Associate

Description: Fox Rothschild LLP has an opening in multiple offices in our Entertainment and Sports Law Department for an Associate with Corp...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements