| People v Pequero |
| 2018 NY Slip Op 00619 [158 AD3d 421] |
| February 1, 2018 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Antonio Pequero, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), forappellant.
Cyrus R. Vance, Jr., District Attorney, New York (Samuel Z. Goldfine of counsel), forrespondent.
Appeal from judgment, Supreme Court, New York County (Neil E. Ross, J. at plea; RichardM. Weinberg, J. at sentencing), rendered May 1, 2015, convicting defendant of criminalpossession of a controlled substance in the fifth degree, and sentencing him to a term of sixmonths, held in abeyance, and the matter remanded for further proceedings in accordanceherewith.
Defendant was deprived of effective assistance when his counsel advised him that his pleawould have "potential immigration consequences," where it is clear that his drug-relatedconviction would trigger mandatory deportation under 8 USC § 1227 (a) (2) (B) (i)(see Padilla v Kentucky, 559 US 356, 368-369 [2010]; People v Doumbia, 153 AD3d1139 [1st Dept 2017]; People vCorporan, 135 AD3d 485 [1st Dept 2016]). The remarks made by counsel on the recordare sufficient to permit review on direct appeal (see Doumbia, 153 AD3d at 1139). Thus,we hold this matter in abeyance to afford defendant the opportunity to move to vacate his pleaupon a showing that there is a reasonable probability that he would not have pleaded guilty hadhe been made aware of the deportation consequences of his plea. Concur—Renwick, J.P.,Richter, Tom, Gesmer, Oing, JJ.