People v. Avila
| Decision Date | 21 November 1991 |
| Citation | 177 A.D.2d 426,576 N.Y.S.2d 534 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Raul AVILA a/k/a Richard Reyes, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
Before SULLIVAN, J.P., and CARRO, ROSENBERGER and RUBIN, JJ.
Judgment, Supreme Court, New York County (Arlene Silverman, J. at plea; Angela Mazzarelli, J., on February 16, 1989 decision and order denying defendant's motion to withdraw the plea; Bruce Allen, J., at sentencing), rendered on August 30, 1988, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him to a determinate term of probation of five years, is unanimously affirmed.
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, 505 N.Y.S.2d 317). Counsel does not have the duty to warn a defendant of all collateral consequences. (People v. Towles, 110 A.D.2d 729, 488 N.Y.S.2d 41). 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.
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People v. Oditnarian Boodhoo
...his attorney failed to advise him that deportation was a possible consequence of conviction is without merit (see, People v. Avila, 177 A.D.2d 426, 576 N.Y.S.2d 534; People v. Dor, 132 Misc.2d 568, 505 N.Y.S.2d 317). This court has recently stated that "counsel is not required to warn a def......
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People v. Ford
...involved episodes where the defendant intentionally violated the law or where the acts were intrinsically immoral. People v. Avila, 177 A.D.2d 426, 576 N.Y.S.2d 534, involved the sale of drugs. People v. Dor, 132 Misc.2d 568, 505 N.Y.S.2d 317, involved manslaughter, that is the intentional ......
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People v. Gagliardo
...plea about which counsel was under no obligation to advise (see, People v. Boodhoo, 191 A.D.2d 448, 593 N.Y.S.2d 882; People v. Avila, 177 A.D.2d 426, 576 N.Y.S.2d 534, lv. denied, 79 N.Y.2d 918, 582 N.Y.S.2d 78, 590 N.E.2d 1206). Moreover, nothing in the record indicates that counsel was e......
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People v. Ford
...is a collateral consequence of a criminal conviction (see, People v. Williams, 189 A.D.2d 910, 592 N.Y.S.2d 471; People v. Avila, 177 A.D.2d 426, 576 N.Y.S.2d 534). Likewise, the defendant was not denied the effective assistance of counsel because his attorney failed to advise him that depo......