Court of Appeals of New York

Due process compels a trial court to apprise a defendant that, if the defendant is not an American citizen, he or she may be deported as a consequence of a guilty plea to a felony, prior to permitting a defendant to plead guilty to a felony. However, the trial court's failure to provide such advice does not entitle the defendant to automatic withdrawal or vacatur of the plea; instead, to overturn his or her conviction, the defendant must establish the existence of a reasonable probability that, had the court warned the defendant of the possibility of deportation, he or she would have rejected the plea and opted to go to trial.

Appellate Information

• Decided 11/19/2013
• Published 11/19/2013

Judges

• ABDUS-SALAAM

Court

• Court of Appeals of New York

Counsel