Legal Opinion
People v. Cristache
Criminal Court of the City of New York
Decided September 13, 2010PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Joseph A. Zayas, J.
Defendant moves pursuant to Criminal Procedure Law § 440.10 (1) (h) to vacate the judgments of conviction in six cases, arguing that his prior plea attorney failed to provide effective assistance of counsel during and prior to his guilty pleas in the Queens Misdemeanor Treatment Court (QMTC). Defendant, who is currently facing removal proceedings initiated by the United States Department of Homeland Security, claims that he advised his plea attorney that he was not a citizen but a lawful permanent resident, and that his plea attorney failed to advise him…
2Cases cited32 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Hill v. LockhartSupreme Court of the United States · 1985
- McMann v. RichardsonSupreme Court of the United States · 1970
- Padilla v. KentuckySupreme Court of the United States · 2010
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
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3Cited by1 opinion
- Cun-Lara v. StateHawaii Intermediate Court of Appeals · 2012