People v. Tendilla

OPINION OF THE COURT

Elisa S. Koenderman, J.

The defendant, Gonzalo Margaro Tendilla, moves pursuant to Criminal Procedure Law § 440.10 (h) to vacate his judgments of conviction for disorderly conduct (Penal Law § 240.20). He claims that his attorney on each case was ineffective because he or she failed to advise him that his guilty plea would have immigration consequences. Specifically, he contends that had he known that his conviction would result in denial of his application for consideration of deferred action for childhood arrivals (DACA), he would not have pleaded guilty and instead have…