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People v. James

Supreme Court, Appellate Division, First Department, New York.
Nov 27, 2018
166 A.D.3d 534 (N.Y. App. Div. 2018)

Opinion

7701 Ind. 1485N/12

11-27-2018

The PEOPLE of the State of New York, Respondent, v. Alston R. JAMES, Also Known as Alston Ramardo James, Defendant–Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno, Brooklyn, of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for respondent.


Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno, Brooklyn, of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for respondent.

Friedman, J.P., Mazzarelli, Kern, Oing, Singh, JJ.

Judgment, Supreme Court, New York County (Richard M. Weinberg, J.), rendered August 23, 2012, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him to a term of one year, unanimously affirmed.

Defendant has failed to establish an ineffective assistance of counsel claim. Even assuming that defendant has established that his counsel's performance regarding immigration advice was deficient, he has not shown that prejudice resulted from counsel's deficient performance. The People stated that defendant's guilty plea "definitely will result in his deportation," the court then declared that "the plea [defendant] entered ... subject[ed] him to deportation" and defendant confirmed that he understood that consequence of his plea.


Summaries of

People v. James

Supreme Court, Appellate Division, First Department, New York.
Nov 27, 2018
166 A.D.3d 534 (N.Y. App. Div. 2018)
Case details for

People v. James

Case Details

Full title:The People of the State of New York, Respondent, v. Alston R. James, also…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Nov 27, 2018

Citations

166 A.D.3d 534 (N.Y. App. Div. 2018)
166 A.D.3d 534
2018 N.Y. Slip Op. 8074

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