A judge's warning that a defendant could be subject to deportation if he pleaded guilty to a misdemeanor did not alleviate the ineffectiveness of his counsel under a new standard expressed by the U.S. Supreme Court, the judge ruled in vacating his prior acceptance of the plea. Brooklyn Acting Supreme Court Justice Joseph K. McKay observed that the high court's recent decision in Padilla v. Kentucky had altered the legal landscape since he had accepted Jose Garcia's plea 2 1/2 years ago.
N.Y. Judge Vacates Deportation Plea Due to Changing Legal Landscape
New York Law Journal
September 1, 2010