X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
mmigration and customs enforcement ICE

Citing an increase in deportation in recent years, a divided state appeals court has ruled that an undocumented immigrant should be given a chance to undo his guilty plea for sexual abuse because he was never warned in court that the conviction could send him out of the country.

The ruling, delivered by the majority of an Appellate Division, First Department, panel, comes even though the defendant, David Palmer, incorrectly told the Bronx Supreme Court at his plea hearing that he was a U.S. citizen.

In a lengthy dissent, Justice David Friedman argued that the four-justice majority relied on the wrong precedent in reaching its decision and that the defendant’s statement about being a citizen absolved the trial judge from having to issue the deportation warning.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

Jason Grant

Jason Grant is a staff writer covering legal stories and cases for the New York Law Journal, the National Law Journal and Law.com, and a former practicing attorney. He's written and reported previously for the New York Times, the Star-Ledger, the L.A. Times and other publications. Contact him at [email protected] On Twitter, pls find him @JasonBarrGrant

More from this author

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

The British Legal Awards 2021Event

Celebrating achievement, excellence, and innovation in the legal profession in the UK.

Get More Information
 

The American Lawyer Industry Awards 2021Event

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.

Get More Information
 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.