Summary
In People v. Forbes (32 Misc.3d 1225[A] [Sup Ct, Kings County 2011]), the same court found that, although not dispositive on the issue, the fact that the defendant was not currently in danger of deportation and had waited so long to make a CPL 440.10 motion “certainly [did] not bolster the defendant's credibility”.
Summary of this case from People v. Floyd F.Opinion
July 1, 2011.
Crimes — Right to Counsel — Effective Representation — Failure to Advise Defendant About Possible Immigration Consequences — Defendant's 19-year delay in filing motion to vacate judgment of conviction demonstrated lack of credibility, and motion failed to sufficiently allege prejudice suffered by defendant.