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Are There Still Collateral Consequences in New York After Padilla?

By   /  March 18, 2014  /  Criminal Procedure, Featured 


In Padilla v. Kentucky, the United States Supreme Court ruled that the failure of a criminal defense attorney to properly advise a defendant of the immigration consequences of a guilty plea was a violation of the defendant’s Sixth Amendment right to counsel. Significantly, the Supreme Court stated: “We . . . have never applied a distinction between direct and collateral consequences to define the scope of constitutionally ‘reasonable professional assistance.’ ”

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