People v. Felix Hernandez


AD1 order dated August 21, 2012, affirming judgment of conviction and 440 denial. Decision below: 98 AD3d 449; 950 NYS2d 268. Freedman, J. (AD dissenter), granted leave October 2, 2012.

ISSUE PRESENTED: Whether the defendant’s Padilla claim satisfied the second prong of Strickland; i.e., whether defendant’s testimony established that, had he been advised of the deportation consequences of pleading guilty, he would have gone to trial. (Assigned counsel: Steven Banks, Legal Aid Society, Criminal Appeal Bureau, 199 Water Street, NYC 10038.)

Prejudice showing under Padilla