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Legal Opinion

People v. Rodriguez

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

Decided March 19, 2014PublishedCited by 7 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.), rendered March 5, 2010, convicting him of criminal sexual act in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Since the record does not conclusively demonstrate whether the defendant’s counsel advised him of the immigration consequences of his plea of guilty, the defendant’s contention that his counsel was ineffective for failing to do so cannot be reviewed on direct appeal; rather, the contention may be appropriately reviewed on a motion pursuant…

2Cases cited3 opinions

  1. People v. PequeNew York Court of Appeals · 2013
  2. People v. HaffizNew York Court of Appeals · 2012
  3. People v. DrammehAppellate Division of the Supreme Court of the State of New York · 2012

3Cited by7 opinions

  1. People v. MartialAppellate Division of the Supreme Court of the State of New York · 2015
  2. People v. StewartAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. Gustavo-CanoAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. Lopez-AlvaradoAppellate Division of the Supreme Court of the State of New York · 2021
  5. People v. MohamedAppellate Division of the Supreme Court of the State of New York · 2019

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