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· 3/11/1994

People v. Donato

Citations

  • 202 A.D.2d 1010
  • 612 N.Y.S.2d 697
  • 1994 N.Y. App. Div. LEXIS 3384

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding defendant’s pre-Padilla claim that he was given mis-advice about the immigration consequences of his plea to be cognizable in a habeas proceeding
  • observing the distinction between “affirmative misadvice” and “no advice” regarding immigration consequences
  • “Padilla’s rule . . . encompassed a well-recognized standard—an effective counsel may not affirmatively misadvise a client.”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.