Not Knowing About Deportation Consequences Before Pleading Guilty in New York
In People v. Ford, 86 NY2d 397, 657 N.E.2d 265, 633 N.Y.S.2d 270 (1995), the Court of Appeals had explained that the due process requirement of informing a defendant of the consequences of a guilty plea to ensure that it has been knowingly, intelligently and voluntarily entered pertains only to consequences which are "direct," i.e., "one which has a definite, immediate and largely automatic effect on defendant's punishment," and therefore one of which defendant must be advised, or "collateral," in which case a defendant need not be advised. (Id. at 403.)
In People v. Ford, supra, the Court of Appeals held that the defendant was not entitled to vacation of his conviction on the grounds the failure to advise him of the deportation consequences of his plea constituted a violation of his federal and New York state constitutional rights to due process. (People v. Ford, supra, 86 NY2d at 405).
As the Ford Court further explained:
Deportation is a collateral consequence of conviction because it is a result peculiar to the individual's personal circumstances and one not within the control of the court system. Therefore, our Appellate Division and the Federal courts have consistently held that the trial court need not, before accepting a plea of guilty, advise a defendant of the possibility of deportation . . . . (Id.).