Legal Opinion
People v. Kabre
Criminal Court of the City of New York
Decided July 22, 2010PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
Abraham Clott, J.
Petitioner seeks relief from three misdemeanor convictions of trademark counterfeiting on various grounds including that his counsel was ineffective for not advising him of the immigration consequences of his pleas. This court holds that the rule announced in Padilla v Kentucky (559 US —, 130 S Ct 1473 [2010]), that counsel’s failure to advise a defendant about the immigration consequences of a guilty plea can constitute ineffective assistance of counsel, is not to be applied retroactively on collateral review of misdemeanor convictions.
Introduction
Petition…
2Cases cited61 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Crawford v. WashingtonSupreme Court of the United States · 2004
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Gideon v. WainwrightSupreme Court of the United States · 1963
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3Cited by10 opinions
- State v. PobleteCourt of Appeals of Arizona · 2011
- Barrios-Cruz v. StateDistrict Court of Appeal of Florida · 2011
- Campos v. StateSupreme Court of Minnesota · 2012
- People v. SoodooAppellate Division of the Supreme Court of the State of New York · 2013
- United States v. ChaidezDistrict Court, N.D. Illinois · 2010
5 more not listed; retrieve them via the Exa API.