People v. Acosta

• Decision Date: 03 February 2022
• Docket Number: 15219,Ind. No. 1365N/15,Case No. 2018–263
• Citation: 202 A.D.3d 447,158 N.Y.S.3d 581 (Mem)
• Parties: The PEOPLE of the State of New York, Respondent, v. Jesus M. ACOSTA, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

202 A.D.3d 447

158 N.Y.S.3d 581 (Mem)

The PEOPLE of the State of New York, Respondent,

v.Jesus M. ACOSTA, Defendant–Appellant.

15219

Ind. No. 1365N/15

Case No. 2018–263

Supreme Court, Appellate Division, First Department, New York.

ENTERED February 3, 2022

Caprice R. Jenerson, Office of the Appellate Defender, New York (Emma L. Shreefter of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Franklin R. Guenthner of counsel), for respondent.

Manzanet–Daniels, J.P., Webber, Oing, Mendez, Higgitt, JJ.

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, 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.