Legal Opinion

People v. Baret

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

Decided October 2, 2012PublishedCited by 9 opinions

1Opinion of the Court

To establish ineffective assistance of counsel under federal constitutional standards, a defendant must demonstrate both that counsel’s performance was deficient and that the deficient *409performance resulted in prejudice (Strickland v Washington, 466 US 668 [1984]). In Padilla v Kentucky (559 US —, 130 S Ct 1473 [2010]), the Supreme Court held that a constitutionally competent attorney must advise his or her client of the immigration consequences of a guilty plea. Defendant moved to vacate judgment, alleging that counsel did not advise him that his conviction would result in his being deported,…

2Cases cited13 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Hill v. LockhartSupreme Court of the United States · 1985
  3. Teague v. LaneSupreme Court of the United States · 1989
  4. Padilla v. KentuckySupreme Court of the United States · 2010
  5. People v. FordNew York Court of Appeals · 1995

8 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. People v. RajpaulAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. VerdejoAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. RamosAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. BentAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. BentAppellate Division of the Supreme Court of the State of New York · 2013

4 more not listed; retrieve them via the Exa API.

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