People v. Nunez
30 Misc. 3d 55
N.Y. App. Term.2010Background
- In 1997, defendant pleaded guilty to criminal possession of a controlled substance in the seventh degree and was sentenced to 60 days’ imprisonment.
- In 2009, defendant moved to vacate the conviction under CPL 440.10(1)(h), arguing ineffective assistance of counsel for misadvising about immigration consequences and asserting a conflict of interest due to counsel’s firm representation of another arrestee.
- The District Court denied the motion without a hearing.
- The issue centers on whether counsel’s misadvice regarding immigration consequences during the plea process constitutes ineffective assistance under Strickland and state standards.
- Padilla v. Kentucky is invoked to assess whether attorneys must inform noncitizens that immigration consequences may result from a guilty plea, and whether such rule applies retroactively.
- The Court reverses, remitting for a de novo hearing limited to whether misadvice on immigration consequences violated the defendant’s rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Padilla applies retroactively to this case | Defendant argues Padilla is retroactive. | State argues Padilla is not retroactive. | Padilla applied retroactively. |
| Whether there was ineffective assistance of counsel for misadvising about immigration consequences | Affirmative misadvice affected guilty plea and outcome. | No deficient performance established; advice adequate under standards. | Factual issues exist; hearing warranted on immigration-consequence misadvice. |
| Whether the motion properly asserted a conflict-of-interest claim | Conflict of interest allegations warrant inquiry. | Affidavits do not show a potential conflict requiring a hearing. | Conflict claim not supported on the record; limited to immigration issue remanded. |
Key Cases Cited
- Padilla v. Kentucky, 559 U.S. 356 (Supreme Court 2010) (attorney must inform noncitizen of potential immigration consequences)
- Strickland v. Washington, 466 U.S. 668 (Supreme Court 1984) (deficient performance and prejudice prong)
- Benevento v. New York, 91 N.Y.2d 708 (N.Y. 1998) (New York standard for ineffective assistance)
- Baldi v. People, 54 N.Y.2d 137 (N.Y. 1981) (NXI standard for guilty plea voluntariness)
- People v. Eastman, 85 N.Y.2d 265 (N.Y. 1995) (retroactivity application in rule-based cases)
- Yates v. Aiken, 484 U.S. 211 (Supreme Court 1988) (retroactivity and application principles)