After Manuel Augusto was convicted of attempted possession of a controlled substance in the seventh degree, he later sought to have his plea rescinded on the grounds his attorney hadn't "effectively assisted" him during the course of the criminal proceeding.
Augusto claimed that had he known he faced deportation he never would have pled guilty and would have insisted on a trial. (Augusto supposedly learned of that risk after-the-fact.)
When the Queens County Criminal Court granted Augusto's request, prosecutors appealed to the Appellate Term, Second Department, which upheld the lower court's determination.
Apparently, the record established that Augusto wasn't advised of the immigration consequences of agreeing to the deal.
He sure got a hand there.
To view a copy of the Appellate Term's decision, please use this link: People v. Augusto