Opinion
13354 Ind. No. 5117/14 Case No. 2018-1209
03-16-2021
The PEOPLE of the State of New York, Respondent, v. Jose REMIGIO, Defendant–Appellant.
Caprice R. Jenerson, Office of The Appellate Defender, New York (Stephen R. Strother of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York ( Rachel Bond of counsel), for respondent.
Caprice R. Jenerson, Office of The Appellate Defender, New York (Stephen R. Strother of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York ( Rachel Bond of counsel), for respondent.
Manzanet–Daniels, J.P., Mazzarelli, Mendez, Shulman, JJ.
Appeal from judgment, Supreme Court, New York County (Maxwell Wiley, J.), rendered April 12, 2017, convicting defendant, pursuant to his guilty plea, of attempted robbery in the first degree, and sentencing him to a term of 3½ years, held in abeyance, and the matter remanded for further proceedings in accordance herewith.
Defendant was deprived of effective assistance of counsel when his attorney failed to advise him that his guilty plea to an aggravated felony would result in mandatory deportation, but rather indicated that the plea "may very well result" in deportation. The matter is held in abeyance to afford defendant the opportunity to move to vacate his plea upon a showing that there is a reasonable probability that he would not have pleaded guilty had he been made aware of the deportation consequences of his plea ( see e. g. People v. Johnson, 165 A.D.3d 556, 85 N.Y.S.3d 70 [1st Dept. 2018] ).
Motion to take judicial notice of a criminal court record granted.