ALBANY – An attorney’s acknowledged error regarding the deportability of a criminal defendant did not constitute ineffective assistance, largely because the client would have likely faced the same consequence had he opted for a trial rather than plea on drug charges.
That was the conclusion of a unanimous panel of the Appellate Division, Third Department, in a matter where trial counsel candidly admitted misinforming his client. In People v. McDonald, 12774, the Third Department said it was unable to find any published decision in New York previously addressing the issue.
