Pointing to a 2017 U.S. Supreme Court decision, a state appeals court has ruled that a hearing must be held on a convicted defendant’s claim of ineffective assistance of counsel after his lawyer failed to tell him that he could be deported based on pleading guilty to a drug-possession count with no jail time attached.

In a split 3-1 decision, a majority panel of the Appellate Division, First Department ruled that Gustavo Lantigua, who in 1998 pleaded guilty in Manhattan Supreme Court to felony drug possession, must be given a hearing on his 2017-brought motion to vacate the conviction on the basis that his then-lawyer misinformed him about the deportation consequences of his plea, despite him allegedly asking his lawyer about possible deportation.

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