People v. Rosario

Order, Supreme Court, New York County (Robert M. Mandelbaum, J.), entered on or about July 19, 2013, which denied defendant’s CPL 440.10 motion to vacate a judgment of conviction rendered January 13, 1998, unanimously reversed, on the law, and the matter remanded for further proceedings.

Defendant made a sufficient showing to warrant a hearing on his claim that his attorney rendered ineffective assistance by providing erroneous and prejudicial advice about the immigration consequences of his guilty plea {see People v McDonald, 1 NY3d 109, 114-115 [2003]). Defendant’s plea to at tempted…