14 Cited authorities

  1. Padilla v. Kentucky

    559 U.S. 356 (2010)   Cited 6,999 times   130 Legal Analyses
    Holding that counsel has a duty under the Sixth Amendment to inform a noncitizen defendant that his plea would make him eligible for deportation
  2. Roe v. Flores-Ortega

    528 U.S. 470 (2000)   Cited 4,795 times   18 Legal Analyses
    Holding in criminal habeas context that counsel's failure to file a timely appeal is presumptively prejudicial, with no need for a "further showing from the defendant of the merits of his underlying claims"
  3. People v. Peque

    2013 N.Y. Slip Op. 7651 (N.Y. 2013)   Cited 459 times
    Holding that New York trial courts must inform the defendant of the immigration consequences of pleading guilty to a felony and that a failure to do so could provide a basis for withdrawing or vacating the guilty plea
  4. People v. Syville

    2010 N.Y. Slip Op. 7249 (N.Y. 2010)   Cited 247 times   1 Legal Analyses
    Noting that a petition for writ of error coram nobis was the appropriate avenue for relief where notice of appeal was not filed due to ineffective assistance of counsel and the one-year period in C.P.L. 460.30 had lapsed
  5. U.S. v. Couto

    311 F.3d 179 (2d Cir. 2002)   Cited 252 times   4 Legal Analyses
    Holding that “an affirmative misrepresentation by counsel as to the deportation consequences of a guilty plea is today objectively unreasonable”
  6. People v. Ventura

    2011 N.Y. Slip Op. 7475 (N.Y. 2011)   Cited 47 times
    In People v. Ventura, 17 N.Y.3d 675, 934 N.Y.S.2d 756, 958 N.E.2d 884 (2011), we held that the Appellate Division abused its discretion in dismissing two pending direct appeals due to the involuntary deportations of the defendants.
  7. People v. McKenzie

    4 A.D.3d 437 (N.Y. App. Div. 2004)   Cited 50 times

    2002-07348. Decided February 9, 2004. Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County (Feldman, J.), entered July 12, 2002, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate a judgment of the same court rendered May 19, 1997, convicting him of sexual abuse in the first degree, upon his plea of guilty, and imposing sentence. Mischel, Neuman Horn, P.C., New York, N.Y. (James E. Neuman of counsel), for appellant. Charles J. Hynes, District

  8. People v. Andrews

    2014 N.Y. Slip Op. 4233 (N.Y. 2014)   Cited 24 times
    In People v Andrews (23 NY3d 605, 616 [2014]), we held that counsel's failure to file a timely criminal leave application (CLA) to this Court within the thirty-day statutory timeframe provided by CPL 460.10 (5) (a), or move pursuant to CPL 460.30 within the one-year grace period for an extension to cure the error, does not deprive a defendant of a constitutional right to the effective assistance of counsel or due process under the Sixth and Fourteenth Amendments of the United States Constitution.
  9. People v. Perez

    2014 N.Y. Slip Op. 2326 (N.Y. 2014)   Cited 20 times
    In People v Perez, 23 NY3d 89 (2014), we denied coram nobis relief to all three defendants based on "two compelling facts [that] stand out in all three cases: the delays were extremely long, and the defendants did not have a good excuse for them."
  10. People v. West

    100 N.Y.2d 23 (N.Y. 2003)   Cited 24 times
    In West, the petitioner incorrectly filed habeas corpus actions in state court before exhausting his state court appeals.