Legal Opinion · Dissent

People v. Pastor

Appellate Division of the Supreme Court of the State of New York

Decided February 11, 2016No. 16650 2542/11Published

1DissentManzanet-Daniels, J.

On September 20, 2011, defendant appeared before the court with a Spanish interpreter. Defendant pleaded guilty to assault in the second degree, the sole original charge against him, in exchange for a term of nine months.

During the allocution, the court informed defendant that “if you are not a citizen, you may face deportation or denial of *495your naturalization given this plea today; is that understood?” After a pause, defendant replied, ‘Yes.” Counsel added that he had fully discussed the consequences of the plea with his client, although “it is not relevant to this case.” On October 5, 2011,…

2Cases cited2 opinions

  1. People v. PequeNew York Court of Appeals · 2013
  2. People v. BelliardAppellate Division of the Supreme Court of the State of New York · 2016

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