Client's Conviction Vacated Based on Immigration Misadvice

On May 18, 2018, the Supreme Court, Bronx County, vacated our client E.G.’s conviction, finding that he was deprived of his right to constitutionally effective representation.  After E.G. was arrested and incarcerated at Rikers Island for 42 months awaiting trial, he agreed to plead guilty to second-degree assault because his attorney assured him that the promised 364-day sentence might give him a basis to defend himself from deportation because he was a lawful permanent resident.  This was clearly expressed and repeatedly referenced throughout the plea proceeding.  Unfortunately, counsel was wrong and the plea subjected E.G. to mandatory deportation.  The Supreme Court vacated the conviction and ordered that the case be restored to the court’s calendar for new proceedings.  E.G. was represented by David Bernstein.