Opinion
10193 Ind. 2963/09
10-24-2019
The PEOPLE of the State of New York, Appellant, v. Engels GONZALEZ, Defendant–Respondent.
Darcel D. Clark, District Attorney, Bronx (Nicole Neckles of counsel), for appellant. Robert S. Dean, Center for Appellate Litigation, New York (Matthew Bova of counsel), for respondent.
Darcel D. Clark, District Attorney, Bronx (Nicole Neckles of counsel), for appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Matthew Bova of counsel), for respondent.
Friedman, J.P., Kapnick, Oing, Singh, JJ.
Order, Supreme Court, Bronx County (Efrain Alvarado, J.), entered May 21, 2018, which summarily granted defendant's CPL 440.10 motion to vacate a January 30, 2013 judgment of conviction, unanimously reversed, on the law, and the matter remanded for a hearing in accordance with this decision.
Defendant did not fully substantiate his claim that his counsel provided constitutionally deficient advice regarding the immigration consequences of defendant's guilty plea (see Padilla v. Kentucky, 559 U.S. 356, 367–369, 130 S.Ct. 1473, 176 L.Ed.2d 284 [2010] ; People v. McDonald, 1 N.Y.3d 109, 113–114, 769 N.Y.S.2d 781, 802 N.E.2d 131 [2003] ; People v. Doumbia, 153 A.D.3d 1139, 1140, 60 N.Y.S.3d 157 [1st Dept. 2017] ), and, as such, a hearing on that issue is required (see CPL 440.30[3][c] ). As to the prejudice prong of his claim, which requires proof that he would not have pleaded guilty but for the incorrect advice, a hearing on that issue is also necessary (see People v. Gaston, 163 A.D.3d 442, 444–445, 81 N.Y.S.3d 40 [1st Dept. 2018] ). We have considered and rejected both parties' remaining arguments.