CAL in the Courts

AD1 Remits for Hearing on Counsel's on the Record Misadvice

10.23.18

After finding that counsel’s on-the-record immigration advice was mistaken, the Appellate Division, First Department remitted G.J.’s case to trial court for a prejudice hearing to determine whether his plea should be withdrawn. During the plea colloquy, defense counsel reported to the court that he had told G.J. that G.J. would “probably very well end up being deported” if he pleaded guilty. Building on a line of cases pioneered by CAL, the court held that, because G.J. was preparing to plead guilty to a crime that would result in mandatory deportation, counsel’s advice that deportation was merely probable was a misrepresentation of G.J.’s plea’s legal consequences. G.J. was represented by Scott Henney during oral argument. Samuel Steinbock-Pratt authored the appellant’s brief.