A unanimous panel of the Appellate Division, First Department, ruled yesterday in People v. Ramos, 1721/06, that an illegal immigrant who pleaded guilty in 2007 to selling drugs and now faces deportation for separate misdemeanor convictions is entitled to a hearing on his motion to vacate his plea for ineffective assistance of counsel under Padilla v. Kentucky, 130 S. Ct. 1473. In Padilla, the U.S. Supreme Court held that it is ineffective assistance of counsel when an attorney fails to advise a client that a plea could result in deportation. On Oct. 2, the First Department ruled in People v. Baret, 2735/95, that Padilla is retroactive.
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