Legal Opinion

People v. Achouatte

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

Decided January 12, 2012PublishedCited by 8 opinions

1Opinion of the CourtEgan Jr., J.

We affirm. Inasmuch as defendant alleges that he would not have pleaded guilty but for counsel’s purported misrepresenta*1029tions regarding defendant’s immigration status, defendant’s ineffective assistance of counsel claim impacts the voluntariness of his plea and, hence, survives his otherwise valid waiver of the right to appeal (see People v Williams, 72 AD3d 1347, 1348 [2010]; People v Marshall, 66 AD3d 1115, 1116 [2009]). Although properly before us, defendant’s assertion that defense counsel “failed to investigate the immigration consequences associated with the proposed plea” and…

2Cases cited4 opinions

  1. Padilla v. KentuckySupreme Court of the United States · 2010
  2. People v. ReynosoAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. MarshallAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by8 opinions

  1. People v. DrammehAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. Marte-FelizAppellate Division of the Supreme Court of the State of New York · 2021
  3. People v. RebeloAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. CastroAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. TamahAppellate Division of the Supreme Court of the State of New York · 2015

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