Weighing in on an issue that has divided New York’s trial courts, a Supreme Court justice in Manhattan has found retroactive a U.S. Supreme Court ruling issued earlier this year requiring criminal defense lawyers to provide their clients with accurate information about the immigration consequences of guilty pleas.

Based on her finding that the U.S. Supreme Court’s ruling in Padilla v. Kentucky, 130 SCt. 1473, is retroactive, Justice Marcy L. Kahn (See Profile) has ordered a hearing on whether an immigrant from the Dominican Republic is entitled to have vacated a 1999 narcotics plea that had triggered immigration proceedings to deport her.

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