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Defendant Alleges He Was Not Informed About Deportation


This case involves the People of the State of New York against the defendant, Hopeton Gooden. The case is being heard in the Supreme Court of the State of New York located in Bronx County. The defendant of the case has moved to vacate his judgment of conviction.

Case Background

On the 15th of May in 1975 a judgment against the defendant was entered that convicted him of robbery in the third degree. The defendant was then sentenced to a maximum imprisonment of four years.

On the second of June, 1987, the United States Department of Justice Immigration and Naturalization Service issued a warrant for the arrest of the defendant as an illegal alien in the country. The defendant is subject to deportation by this order. This order is a result of his conviction of robbery in 1975.

The defendant has now moved to have the judgment of conviction in the case vacated on the grounds that his Sixth and Fourteenth constitutional rights were violated. He states that his counsel did not inform him of the possibility of immigration consequences should he enter a plea of guilty in the case. He also states that his counsel failed to file an appeal notice on his behalf. He also states that the trial court did not inform him of the elements of the crime that he committed or find out if he understood the violation and agreement at the time.

The defendant is originally from the country of Jamaica. He was admitted to the United States as a permanent resident in 1969. On the 11th of October, in 1994, an immigration judge determined that the defendant is deportable based on his conviction of a crime that involved moral turpitude. The defendant requested a waiver and the waiver was denied. The defendant appealed in April of 1996 and the Board for Immigration Appeals remanded his case for further proceedings. The court ordered that the defendant be deported on the 11th of December in 2091. He was sent to Jamaica on the 24th of February, 2005.

The defendant returned to the United States unlawfully in November of 2007. He was charged on an indictment of being in possession of fire arms (gun crime), being an illegal alien in the country, and the intent of distributing marijuana in the United States. He was convicted of these crimes and sentenced by a jury to 27 years, 3 months, in prison.

Case Discussion and Determination

The main argument that is made by the defendant is that he was not properly informed about the possibility of deportation for his actions in the first case involving theft. However, the court has carefully reviewed all of the facts that are involved in this complicated case. It is found that the defendant did receive adequate information and assistance during his sentencing proceedings. The defense informed him of his rights to appeal and he was provided with information about the time limitations of appeals in regard to his particular case.

For these reasons, the court is denying the motion made by the defendant to vacate the judgment of his case. This is denied in all aspects of his particular case.

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