CAL in the Courts

First Department Reverses Denial of Client's Vacatur Motion

7.13.2017

On July 13, 2017, the Appellate Division, First Department reversed the decision of New York County Supreme Court Justice Bruce Allen, who had denied our client CP’s motion to vacate his conviction on the grounds that he was denied his right to effective assistance of counsel in connection with his guilty plea to attempted third-degree sale of a controlled substance. CP, a lawful permanent resident from Trinidad, alleged that his attorney, when counseling him plead guilty, assured him that, so long as he stayed out of further legal trouble, he might avoid deportation. The First Department found that, because CP was pleading guilty to an aggravated felony, deportation was mandatory irrespective of good behavior. The First Department remanded the matter for a hearing to give CP an opportunity to demonstrate the misadvice, and to show that, had he been correctly advised, he would not have pleaded guilty. Mark Zeno represents CP.

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