ALBANY – A Russian citizen who pleaded guilty to child sex offenses will have an opportunity to withdraw his plea on ineffective assistance grounds if he can show that his attorney failed to advise him of the immigration consequences, an upstate appeals panel has held.
The Appellate Division, Third Department, holding in People v. Oouch, 104769, builds on a growing body of law that has emerged since the U.S. Supreme Court in Padilla v. Kentucky, 130 S. Ct. 1473 (2010), held that defense counsel must advise clients of the deportation risks of pleading guilty.
