Legal Opinion

People v. Davis

New York County Courts

Decided March 21, 2016Published

1Opinion of the Court

OPINION OF THE COURT

Peter M. Forman, J.

Defendant seeks an order vacating his judgment of conviction pursuant to CPL 440.10. Defendant makes this motion on the grounds that the judgment was obtained in violation of his right to the effective assistance of counsel, in that his attorney allegedly misrepresented the immigration consequences that would flow from his plea to bail jumping in the first degree. Defendant also asserts that his guilty plea was not knowingly and voluntarily entered because the judge did not advise defendant of the possible deportation consequences associated with his…

2Cases cited21 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. Padilla v. KentuckySupreme Court of the United States · 2010
  3. People v. BeneventoNew York Court of Appeals · 1998
  4. People v. FordNew York Court of Appeals · 1995
  5. Chaidez v. United StatesSupreme Court of the United States · 2013

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