Legal Opinion

People v. Thomas

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

Decided November 15, 2011PublishedCited by 7 opinions

1Opinion of the Court

The defendant moved to withdraw his plea of guilty on the basis that prior to entering his plea, his attorney incorrectly advised him about the possible immigration consequences of pleading guilty, which deprived him of the effective assistance of counsel and rendered his plea involuntary. After affording the defendant a sufficient opportunity to present his arguments for withdrawal (see People v Baret, 11 NY3d 31, 33 [2008]; People v Frederick, 45 NY2d 520, 524 [1978]; People v Griffith, 78 AD3d 1194, 1195 [2010]), the Supreme Court denied the defendant’s motion, finding that the defendant’s…

2Cases cited10 opinions

  1. Padilla v. KentuckySupreme Court of the United States · 2010
  2. People v. FordNew York Court of Appeals · 1995
  3. People v. FrederickNew York Court of Appeals · 1978
  4. People v. SparcinoAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. GriffithAppellate Division of the Supreme Court of the State of New York · 2010

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3Cited by7 opinions

  1. People v. PequeNew York Court of Appeals · 2013
  2. People v. ChanceAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. MorgadoAppellate Division of the Supreme Court of the State of New York · 2016
  5. People v. CrooksAppellate Division of the Supreme Court of the State of New York · 2012

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