People v. McDonald

OPINION OF THE COURT

Ciparick, J.

This appeal raises the question whether, under certain circumstances, a defense counsel’s incorrect advice as to deportation consequences of a plea may constitute ineffective assistance of counsel. We answer in the affirmative but conclude that in the instant case—where defendant has failed to make the requisite showing of prejudice due to counsel’s incorrect advice—defendant was not deprived of the effective assistance of counsel under the Federal Constitution.

I

Defendant Bruce McDonald came to the United States from Jamaica and has apparently been a lawful…