Saturday 28 February 2015

How successful are motions to vacate convictions in NY. Does court look favorably at them and how often grants the vacation of convictions? ...

Question

How successful are motions to vacate convictions in NY. Does court look favorably at them and how often grants the vacation of convictions? In particular I'm interested in the cases claiming ineffective assistance of counsel to advice on immigration consequences of a plea.



Answer

Motions to vacate convictions are generally hard but they are very fact specific. I don't think the court keeps statistics. I won last year based on failure to give advice about immigration consequences.



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