Recently in the Yonkers City Court, criminal defense attorney Andrew Proto successfully opened a 26-year-old criminal conviction for misdemeanor assault to protect a client from ICE deportation and related immigration consequences.
Attorney Proto first made a motion to the Yonkers City Court pursuant to New York Criminal Procedure Law § 440, arguing that the client was subjected to ineffective assistance of counsel. Specifically, the client’s former criminal defense attorney had incorrectly advised him as to the immigration consequences of a guilty plea. Had the client been properly advised, he would not have entered a guilty plea and instead would have proceeded to trial.
Westchester County District Attorney Opposes Motion
The Westchester County District Attorney’s Office opposed the CPL 440 motion, arguing that it was untimely, uncorroborated, and without merit. The prosecution focused on the seriousness of the charge and claimed that the client had received a “good” deal.
Despite several attempts by Attorney Proto to resolve the matter through negotiation, the District Attorney’s Office refused to enter into a settlement that would protect the client from deportation.
Full Hearing Ordered by the Court
Attorney Proto then moved the case to a full evidentiary hearing, presenting testimony and documentary evidence in support of the motion. At the conclusion of the hearing, the Yonkers City Court Judge found that the defense had met its burden of proof by a preponderance of the evidence.
The Court ruled that the client’s former attorney provided ineffective assistance of counsel by making affirmative misstatements regarding immigration consequences. The client’s prior guilty plea was vacated, and the matter was restored for trial.
Charges Dismissed After Successful Pretrial Conference
Criminal defense attorney David Sachs appeared on behalf of the client at the pretrial conference in Yonkers City Court. Attorney Sachs successfully argued that after the plea was vacated and the charges restored, the prosecution could no longer sustain the case. With the Court’s urging, the Westchester County District Attorney agreed that the charges should be dismissed.
Outcome: Immigration Status Preserved
As a result, the client now has the former conviction removed from his criminal record. The arrest and conviction no longer prevent the client from becoming a United States citizen. Additionally, because the case was dismissed, the client faces no ICE detainer or deportation proceedings.
Criminal Defense & Immigration Consequences in Westchester County
At Proto, Sachs & Brown, LLP, the criminal defense team of Andrew Proto and David Sachs aggressively pursues the best possible result for every client. Working together, they create tailored defense strategies that address not only criminal charges but also serious collateral consequences such as deportation, ICE holds, and immigration penalties.
Speak With a White Plains Criminal Defense Attorney Today
If you or a loved one has been arrested or is seeking to vacate or dismiss an old conviction, contact Attorney Andrew Proto or Attorney David Sachs.
With over 25 years of individual experience as former prosecutors, defense attorneys, and published criminal defense authors, they are well-positioned to defend your rights and protect your future.
Offices are conveniently located in White Plains and Cortlandt Manor, New York, and the firm serves clients throughout Westchester County and surrounding areas.