Opinion
5586 SCI 362N/14
02-01-2018
The PEOPLE of the State of New York, Respondent, v. Antonio PEQUERO, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Samuel Z. Goldfine of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Samuel Z. Goldfine of counsel), for respondent.
Renwick, J.P., Richter, Tom, Gesmer, Oing, JJ.
Appeal from judgment, Supreme Court, New York County (Neil E. Ross, J. at plea; Richard M. Weinberg, J. at sentencing), rendered May 1, 2015, convicting defendant of criminal possession of a controlled substance in the fifth degree, and sentencing him to a term of six months, held in abeyance, and the matter remanded for further proceedings in accordance herewith.Defendant was deprived of effective assistance when his counsel advised him that his plea would have "potential immigration consequences," where it is clear that his drug-related conviction would trigger mandatory deportation under 8 USC § 1227(a)(2)(B)(I) (see Padilla v. Kentucky, 559 U.S. 356, 368–369, 130 S.Ct. 1473, 176 L.Ed.2d 284 [2010] ; People v. Doumbia, 153 A.D.3d 1139, 60 N.Y.S.3d 157 [1st Dept. 2017] ; People v. Corporan, 135 A.D.3d 485, 22 N.Y.S.3d 441 [1st Dept. 2016] ). The remarks made by counsel on the record are sufficient to permit review on direct appeal (see Doumbia, 153 A.D.3d at 1139, 60 N.Y.S.3d 157 ). Thus, we hold this matter 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.