“Padilla” Motion Granted And Felony Conviction Vacated
On August 16 th, 2013, New York Criminal Attorney Todd Greenberg was successful in arguing that the defendant, who entered a “guilty” plea with another attorney to Attempted Disseminating Indecent Material to a Minor, was denied effective assistance of counsel based on prior counsel’s failure to advise the Defendant that he would be deported based on the plea. Criminal Attorney Todd Greenberg filed a Criminal Procedure Law §440.10 (1) (H) Motion and was granted a Hearing. After testimony at the Hearing, based on legal Briefs filed, the Court found that the Defendant was denied effective assistance of counsel and that “…the Defendant has carried his burden of showing that he did not receive the advice regarding the effect of his conviction on his immigration status”. The Defendant was in the custody of ICE and ready to be deported when the Decision to vacate his plea was handed down and Mr. Greenberg was able to stop the deportation. If you or a family member have been denied effective assistance of counsel as guaranteed by the Constitutions of the State of New York and United States, please call New York Criminal attorney Todd Greenberg for relief.