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People v. Avila

Appellate Division of the Supreme Court of New York, First Department
Nov 21, 1991
177 A.D.2d 426 (N.Y. App. Div. 1991)

Opinion

November 21, 1991

Appeal from the Supreme Court, New York County, Arlene Silverman, J., Angela Mazzarelli, J., Bruce Allen, J.


Defendant claims ineffective assistance of counsel in that he was not informed of the collateral consequence of deportation that would result from a guilty plea. This contention is without merit (United States v. Campbell, 778 F.2d 764, 767; People v Dor, 132 Misc.2d 568). Counsel does not have the duty to warn a defendant of all collateral consequences. (People v. Towles, 110 A.D.2d 729.) As the plea allocution, as recorded, appears to have been knowing and voluntary, and as defendant's representation appears to have been effective, the judgment should be affirmed.

Concur — Sullivan, J.P., Carro, Rosenberger and Rubin, JJ.


Summaries of

People v. Avila

Appellate Division of the Supreme Court of New York, First Department
Nov 21, 1991
177 A.D.2d 426 (N.Y. App. Div. 1991)
Case details for

People v. Avila

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAUL AVILA, Also Known…

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

Date published: Nov 21, 1991

Citations

177 A.D.2d 426 (N.Y. App. Div. 1991)
576 N.Y.S.2d 534

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