People v. Varenga
115 A.D.3d 684
| N.Y. App. Div. | 2014Background
- Defendant, Honduran native, in US under temporary protected status, pleaded guilty to second-degree assault.
- Court imposed five years of probation as part of plea; removal proceedings ensued by DHS based on deportability of conviction.
- Defendant moved under CPL 440.10 (April 13, 2011) to vacate judgment, citing ineffective assistance of counsel and Padilla implication.
- Supreme Court denied motion without a hearing, concluding Padilla not retroactive at that time.
- Chaidez v United States later held Padilla not retroactive to pre-Padilla convictions; court acknowledged but did not rely on that retroactivity principle for present purposes.
- Conviction not final until June 14, 2010 for late appeal purposes, affecting application of Padilla and related standards.
- Court held the defendant established, at minimum, entitlement to an evidentiary hearing on whether counsel failed to advise on immigration consequences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Padilla applies retroactively to this pre-final conviction | Padilla changes standard for deportation notice | Retroactivity should apply | Remand for evidentiary hearing on Padilla claim (retroactivity not dispositive) |
| Whether the Strickland standard applies to Padilla claims here | Counsel's failure to advise on deportation affects plea | Pre-Padilla law governed duty to advise | Strickland two-prong test applies; hearing warranted on deficient performance |
| Whether conviction was final when Padilla was decided, affecting retroactivity analysis | Finality date governs retroactivity | Finality occurred after Padilla decision | Conviction not final on Padilla decision date; retroactivity analysis not controlling at this stage |
| Whether defendant is entitled to an evidentiary hearing on ineffective assistance claim | Record supports Padilla-based ineffectiveness | Record insufficient to resolve without hearing | Yes; CPL 440.10 hearing required |
Key Cases Cited
- Padilla v. Kentucky, 559 U.S. 356 (2010) (Sixth Amendment requires counsel to advise on deportation risks; not retroactive in Chaidez context)
- Chaidez v. United States, 133 S. Ct. 1105 (2013) (Padilla rule not retroactive to pre-Padilla convictions)
- People v Picca, 97 A.D.3d 170 (2012) (Strickland standard; pre-Padilla non-deportation advice often not required)
- People v McDonald, 1 N.Y.3d 109 (2003) (Strickland standard; guidance on ineffective assistance)
- Hill v. Lockhart, 474 U.S. 52 (1985) (Prejudice prong for guilty plea claims)
- Strickland v. Washington, 466 U.S. 668 (1984) (Two-prong standard for ineffective assistance)
- People v Andrews, 108 A.D.3d 727 (2013) (Discusses retroactivity/Padilla-related standards)
- People v Vargas, 112 A.D.3d 979 (2013) (Pre-Padilla context on deportation advice)