midpage
150 A.D.3d 901
N.Y. App. Div.
2017
Read the full case

Background

  • Defendant Orane West, a lawful permanent resident from Jamaica, was indicted for burglary, first‑degree sexual abuse, and harassment after admitting he touched a sleeping woman's breast.
  • Pursuant to a plea agreement, West pled guilty to first‑degree sexual abuse (Penal Law § 130.65(2)) in exchange for a promised sentence of 2 years' incarceration and 10 years' postrelease supervision.
  • West later moved under CPL 440.10 to vacate the conviction, claiming ineffective assistance of counsel because counsel failed to advise him that the plea would trigger mandatory deportation.
  • The County Court denied the motion without a hearing; West obtained leave to appeal to the Appellate Division, Second Department.
  • The record showed both defense counsel and the court warned West that the plea could have immigration consequences, but did not specifically state it would produce mandatory deportation.
  • The conviction rested on lack of consent based on the victim being asleep; whether the offense qualifies as an "aggravated felony" triggering mandatory deportation under federal law was disputed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether counsel was ineffective for failing to advise that the plea would cause mandatory deportation People: Counsel adequately advised of possible immigration consequences; no ineffective assistance shown West: Counsel failed to advise plea would result in mandatory deportation, so plea uninformed and counsel ineffective Court held counsel was not ineffective because counsel and the court warned of possible deportation; failing to state it was mandatory was not error given uncertainty whether offense is an aggravated felony
Whether a hearing on the CPL 440.10 motion was required People: Record is sufficient to resolve claim without a hearing West: Credible affidavit warrants a hearing to develop record on counsel's advice and prejudice Court denied a hearing, concluding the record refuted ineffective assistance claim
Whether counsel's alleged error required applying Padilla prejudice inquiry People: No need to reach whether rejecting plea would be rational because no ineffectiveness shown West: If counsel misadvised, Padilla requires showing a reasonable probability of a different outcome Court declined to reach the Padilla prejudice point after finding advice was not erroneous
Whether the sexual abuse conviction categorically or as‑applied constitutes an aggravated felony for mandatory deportation People: There is uncertainty whether the offense is a "crime of violence"/aggravated felony West: Argued deportation would be mandatory based on conviction Court noted an open question under federal law and treated counsel's warning about possible deportation as adequate given that uncertainty

Key Cases Cited

  • Flores v. Holder, 779 F.3d 159 (2d Cir.) (discusses when state offenses qualify as federal aggravated felonies for immigration consequences)
  • Padilla v. Kentucky, 559 U.S. 356 (U.S. 2010) (counsel must advise noncitizen defendant about deportation risk; prejudice inquiry requires showing a reasonable probability defendant would have declined plea)
Read the full case

Case Details

Case Name: People v. West
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: May 3, 2017
Citations: 150 A.D.3d 901; 55 N.Y.S.3d 77; 2017 NY Slip Op 3782; 2015-08153
Docket Number: 2015-08153
Court Abbreviation: N.Y. App. Div.
Log In