PEOPLE v. SANTOS

6881, 618/17.

162 A.D.3d 506 (2018)

75 N.Y.S.3d 182

2018 NY Slip Op 04434

The People of the State of New York, Respondent, v. Ronald De Los Santos, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 14, 2018.


During the plea proceeding, the court asked defense counsel, "I'm assuming based on his criminal history there we have no immigration issues?" to which counsel stated that he "discussed all of the immigration consequences, and he is well aware of all of the consequences that may result from this." The court thus failed to advise defendant that if he was not a United States citizen, he could be deported as a result of his plea, as required under People v Peque (

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