People v Hernandez-Zuniga

Holding The court affirmed the denial of the defendant’s motion to vacate his guilty plea, finding that he failed to establish prejudice because the court explicitly advised him of potential negative immigration consequences during the plea proceeding. Consequently, the defendant’s claim that his attorney’s failure to provide specific immigration advice rendered his plea involuntary was insufficient to warrant an evidentiary hearing.

The court’s words

the Justice Court told defendant, both before and after his allocution, that the plea "could have a negative impact on any immigration proceedings"

2026 NY Slip Op 51597[U], at the official text

defendant failed to establish, sufficiently to even warrant an evidentiary hearing, that his attorney's claimed failure to advise of him of the immigration consequences of his plea had the requisite impact on his defense

2026 NY Slip Op 51597[U], at the official text