People v. Picoa

OPINION OF THE COURT

Skelos, J.P.

In Padilla v Kentucky (559 US —, 130 S Ct 1473 [2010]), the United States Supreme Court determined that a criminal defendant whose attorney failed to provide advice as to the immigration consequences of his plea of guilty received representation falling below an objective standard of reasonableness. The Court declined, however, to determine in the first instance whether the defendant was prejudiced by counsel’s error and, thus, whether the defendant was entitled to relief on his ineffective assistance of counsel claim (559 US at —, 130 S Ct at 1483-1484).…