Appellate Division of the Supreme Court of the State of New York October 11, 2012 (People v. Chacko)

This case presents factual issues requiring a hearing into whether defendant was deprived of effective assistance of counsel under Padilla v Kentucky (559 US —, 130 S Ct 1473 [2010]). Defendant alleges that his attorney prejudicially failed to advise him of the immigration consequences of his plea.