These advisements were erroneous, and, as in Padilla, defense counsel readily could have ascertained - simply from a reading of the relevant statutes - that defendant's plea to criminal possession of a controlled substance in the third degree rendered deportation presumptively mandatory (see Padilla v Kentucky, 559 U.S. at 368-369) and rendered defendant ineligible for cancellation of an order of removal (see People v Go, 207 A.D.3d 1081, 1083 [4th Dept 2022]; People v Abdallah, 153 A.D.3d at 1426). "Where, as here, defense counsel gives incorrect advice regarding the immigration consequences of a guilty plea, that constitutes ineffective assistance under the first prong of Strickland" (People v Go, 207 A.D.3d at 1083 [citations omitted]; see People v Remigio, 192 A.D.3d 519, 519 [1st Dept 2021]; People v Abdallah, 153 A.D.3d at 1426-1427; see generally People v Terrero, 198 A.D.3d 930, 932 [2d Dept 2021], lv denied 37 N.Y.3d 1165 [2022]; People v Bernard, 195 A.D.3d 740, 742 [2d Dept 2021]; People v Ottey, 175 A.D.3d 1324, 1326 [2d Dept 2019], lv denied 34 N.Y.3d 1018 [2019]). Our conclusion in this regard is not altered by the fact that defendant's prior convictions of trademark counterfeiting in the third degree, which constituted a crime of moral turpitude, and criminal contempt in the second degree, which involved violation of a protective order, also rendered defendant subject to deportation (see 8 USC § 1227 [a] [2] [A] [i]; [E] [ii]).

Appeal from judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered June 30, 2016, 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 two years, held in abeyance, and the matter remanded for further proceedings in accordance herewith. The existing record sufficiently demonstrates that defendant was deprived of effective assistance of counsel (seePadilla v. Kentucky, 559 U.S. 356, 369, 374, 130 S.Ct. 1473, 176 L.Ed.2d 284 [2010] ) when his attorney failed to advise him that his guilty plea to a drug-related felony would result in mandatory deportation, and merely stated that "this may and probably will affect his immigration status" (see e.g.People v. Remigio, 192 A.D.3d 519, 140 N.Y.S.3d 417 [1st Dept. 2021] ; People v. Johnson, 177 A.D.3d 484, 114 N.Y.S.3d 303 [1st Dept. 2019] ). The appeal 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.

Appeal from judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered June 30, 2016, 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 two years, held in abeyance, and the matter remanded for further proceedings in accordance herewith. The existing record sufficiently demonstrates that defendant was deprived of effective assistance of counsel (see Padilla v Kentucky, 559 U.S. 356, 369, 374 [2010]) when his attorney failed to advise him that his guilty plea to a drug-related felony would result in mandatory deportation, and merely stated that "this may and probably will affect his immigration status" (see e.g. People v Remigio, 192 A.D.3d 519 [1st Dept 2021]; People v Johnson, 177 A.D.3d 484 [1st Dept 2019]). The appeal 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.

Appeal from judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered June 30, 2016, 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 two years, held in abeyance, and the matter remanded for further proceedings in accordance herewith. The existing record sufficiently demonstrates that defendant was deprived of effective assistance of counsel (see Padilla v Kentucky, 559 U.S. 356, 369, 374 [2010]) when his attorney failed to advise him that his guilty plea to a drug-related felony would result in mandatory deportation, and merely stated that "this may and probably will affect his immigration status" (see e.g. People v Remigio, 192 A.D.3d 519 [1st Dept 2021]; People v Johnson, 177 A.D.3d 484 [1st Dept 2019]). The appeal 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.