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Joseph D. Nohavicka

On Nov. 27, 2018, the New York Court of Appeals handed down a decision that fashions a new rule when the criminal justice system is processing a non-citizen: No matter what level crime the non-citizen is charged with, if the possible consequence is deportation, he or she is entitled to a jury trial. The case is People v. Suazo, 2018 NY Slip Op 08056. The distilled holding of Suazo is that immigration consequences transform a state “petty” offense into a “serious” offense.

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