Case Remanded for Hearing
The Appellate Division, First Judicial Department, reversed a lower Court opinion and remanded the case for a hearing to determine if the defendant was denied the Effective Assistance of Counsel. The defendant is seeking the reversal of a drug conviction for attempted conspiracy in the second degree. The conviction would mandate her removal from the United States.
The Court remanded the matter to determine if the defendant’s lawyer was ineffective in the advice she provided her client regarding the effect the conviction would have on her immigration status. The question is whether the client’s plea was not voluntary and intelligently made as she pleaded guilty based on the wrong advice of ineffective counsel.