People v. Jian Jing Huang

OPINION OF THE COURT

Rubin, J.

This Court is asked to vacate a plea on the ground that defense counsel made affirmative, material misrepresentations concerning defendant’s immigration status, thereby rendering counsel’s assistance ineffective. It is axiomatic that the ground advanced for vacating a negotiated plea must be an adverse consequence of entering into the negotiated plea agreement. As the federal detainer under which defendant remains in custody was issued prior to the entry of the plea and as there is no intimation that the detainer would have been vacated had defendant proceeded to…