New York courts have come down on opposite sides recently in immigration cases where defendants argued that their convictions are not valid in light of a recent Supreme Court decision on ineffective assistance of counsel. Steven Banks, attorney-in-chief of the Legal Aid Society, said that while no federal or state appellate court has decided whether to apply Padilla v. Kentucky retroactively, the issue is arising more frequently as defendants try to have their convictions overturned based on the ruling.
Courts Differ About Retroactive Effect of High Court Counsel Ruling
New York Law Journal
July 27, 2010