Legal Opinion

People v. Delarossa

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

Decided December 2, 2008PublishedCited by 2 opinions

1Opinion of the Court

The defendant’s claim that the Supreme Court misadvised him concerning the immigration consequences of his plea is without merit (see CPL 220.50 [7]; cf. People v Argueta, 46 AD3d 46, 51 [2007]). The defendant’s claim that he was denied the effective assistance of counsel because counsel failed to negotiate a plea to a crime that would not have constituted an “ag*560gravated felony” under federal law (8 USC § 1101 [a] [43] [B]) rests largely on matter dehors the record and, to that extent, it cannot be reviewed (see People v Madrid, 52 AD3d 532, 533 [2008], lv denied 11 NY3d 790 [2008]; People v…

2Cases cited6 opinions

  1. People v. DragoAppellate Division of the Supreme Court of the State of New York · 2008
  2. People v. ReelsAppellate Division of the Supreme Court of the State of New York · 2005
  3. People v. ArguetaAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. BrowningAppellate Division of the Supreme Court of the State of New York · 2007
  5. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2006

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3Cited by2 opinions

  1. People v. GuzmanAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. KuarAppellate Division of the Supreme Court of the State of New York · 2010

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