Client Granted Peque Hearing

On June 14, 2018, the Appellate Division, First Department remanded our client R.D.’s case for a hearing to afford him the opportunity to move to vacate his plea pursuant to People v. Peque, 22 N.Y.3d 168 (2013).  The Appellate Division held that the trial court had failed to provide the proper warning pursuant to Peque because at the plea proceeding the court only asked counsel whether counsel had discussed the immigration consequences with his client and counsel responded with incorrect advice.  The Appellate Division held that R.D. is entitled to the opportunity to demonstrate prejudice resulting from this failure.  R.D. is represented by Allison Kahl.