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You are here: Home1 / Appeals2 / Where Deportation As a Result of a Guilty Plea Is Not Mentioned by the...
Appeals, Criminal Law, Immigration Law, Judges

Where Deportation As a Result of a Guilty Plea Is Not Mentioned by the Court, Preservation of the Error Is Not Required

The Second Department noted that, where the court does not mention the prospect of deportation as a result of a guilty plea, the error need not be preserved and the defendant should be given the opportunity to demonstrate to the court the guilty plea would not have been entered if the possibility of deportation were known. People v Al-Mulwallad, 2014 NY Slip OP 07361, 2nd Dept 10-29-14

 

October 29, 2014
Tags: APPEALS, DEPORTATION, GUILTY PLEAS, JUDGES, PRESERVATION OF ERROR, Second Department, VACATE GUILTY PLEA
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