Judge Adam Seiden

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Yahya entered a plea of guilty to failure to report/pay tobacco tax in satisfaction of all charges, including criminal sale of marijuana, and sentenced to three years probation. He now sought vacatur of the judgment arguing he was denied effective assistance of counsel. Yahya claimed he was not aware of the negative immigration consequences upon entering his guilty plea that would put him at risk for deportation or impact his status as a resident alien. He also claimed he was not able to participate fully in the proceedings due to a language barrier with the interpreter. The court noted it was clear during the plea allocution Yahya understood English, the nature of proceedings and consequences of a guilty plea. Also, it also stated a general caution, including that immigration consequences were discussed with his attorney, with whom he was content, was provided Yahya. Further, the court stated Yahya failed to establish he was prejudiced by the alleged ineffective assistance of counsel, noting he was adequately apprised of the possible immigration consequences of his plea, and contrary to Yahya’s allegations, the papers were devoid of any evidence to support same. Hence, as Yahya failed to provide sufficient allegations entitling him to vacatur, the motion was denied.

Judge Adam Seiden

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Yahya entered a plea of guilty to failure to report/pay tobacco tax in satisfaction of all charges, including criminal sale of marijuana, and sentenced to three years probation. He now sought vacatur of the judgment arguing he was denied effective assistance of counsel. Yahya claimed he was not aware of the negative immigration consequences upon entering his guilty plea that would put him at risk for deportation or impact his status as a resident alien. He also claimed he was not able to participate fully in the proceedings due to a language barrier with the interpreter. The court noted it was clear during the plea allocution Yahya understood English, the nature of proceedings and consequences of a guilty plea. Also, it also stated a general caution, including that immigration consequences were discussed with his attorney, with whom he was content, was provided Yahya. Further, the court stated Yahya failed to establish he was prejudiced by the alleged ineffective assistance of counsel, noting he was adequately apprised of the possible immigration consequences of his plea, and contrary to Yahya’s allegations, the papers were devoid of any evidence to support same. Hence, as Yahya failed to provide sufficient allegations entitling him to vacatur, the motion was denied.