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People v. Kearney

Appellate Division of the Supreme Court of New York, Second Department
Sep 28, 1992
186 A.D.2d 270 (N.Y. App. Div. 1992)

Opinion

September 28, 1992

Appeal from the Supreme Court, Queens County (Calabretta, J.).


Ordered that the judgment is affirmed.

The defendant has completed his sentence but is being detained under a Immigration and Naturalization Service warrant pursuant to 8 U.S.C. § 1251 (former [a] [11]). On this appeal, he claims that he was denied the effective assistance of counsel in that his attorney erroneously informed him that the court would make a judicial recommendation against deportation (see, 8 U.S.C. § 1251 [former (b) (2)]). The claim is belied by the minutes of the plea proceedings during which the defendant expressly represented to the court that no promises other than those on the record were made to him. In any event, counsel is not required to warn a defendant of the potential immigration consequences of a guilty plea (see, United States v Campbell, 778 F.2d 764; People v Avila, 177 A.D.2d 426; People v Towles, 110 A.D.2d 729). Furthermore, in light of the very favorable plea negotiated by his counsel, we reject the defendant's present contention that had he known of the mandatory deportation, he would not have pleaded guilty.

We have considered the defendant's remaining contentions and find them to be without merit. Mangano, P.J., Balletta, Eiber, Pizzuto and Santucci, JJ., concur.


Summaries of

People v. Kearney

Appellate Division of the Supreme Court of New York, Second Department
Sep 28, 1992
186 A.D.2d 270 (N.Y. App. Div. 1992)
Case details for

People v. Kearney

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PETER KEARNEY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 28, 1992

Citations

186 A.D.2d 270 (N.Y. App. Div. 1992)
588 N.Y.S.2d 194

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