People v. McDonald, 1 N.Y.3d 109 (2003)
An attorney’s affirmative misstatement regarding the deportation consequences of a guilty plea can constitute ineffective assistance of counsel, but the defendant must demonstrate prejudice by showing a reasonable probability that they would have gone to trial had they been correctly advised.
Summary
Bruce McDonald, a lawful permanent resident, pleaded guilty to drug charges based on his attorney’s incorrect advice that his long-term residency and U.S. citizen children would prevent deportation. After being served with deportation papers, McDonald moved to vacate his conviction, arguing ineffective assistance of counsel. The New York Court of Appeals held that while an attorney’s affirmative misstatement about deportation can be ineffective assistance, McDonald failed to demonstrate prejudice because he didn’t allege he would have gone to trial but for the incorrect advice. The court affirmed the denial of his motion.
Facts
Bruce McDonald, a Jamaican immigrant and lawful permanent resident for over 20 years, was arrested for selling marihuana to an undercover officer. A subsequent search of his apartment revealed cocaine, marihuana, and drug paraphernalia. McDonald had three U.S. citizen children and a U.S. citizen wife. His attorney incorrectly advised him that his guilty plea would not result in deportation due to his lengthy U.S. residence and his children’s citizenship. McDonald then pleaded guilty to criminal sale of marihuana and criminal possession of a controlled substance.
Procedural History
After pleading guilty and being sentenced, the INS served McDonald with a notice of deportation. McDonald moved to vacate the judgment of conviction, claiming ineffective assistance of counsel. The County Court denied the motion without a hearing. The Appellate Division affirmed, stating McDonald failed to demonstrate prejudice. The New York Court of Appeals granted leave to appeal.
Issue(s)
- Whether an attorney’s incorrect advice regarding the deportation consequences of a guilty plea constitutes ineffective assistance of counsel under the Sixth Amendment.
- Whether a defendant must demonstrate prejudice (i.e., that they would have proceeded to trial) to succeed on a claim of ineffective assistance of counsel based on misadvice about deportation consequences.
Holding
- Yes, because an attorney’s affirmative misstatement regarding deportation can fall below an objective standard of reasonableness and thus constitute deficient performance.
- Yes, because to establish ineffective assistance, the defendant must show a reasonable probability that, but for counsel’s error, he would not have pleaded guilty and would have insisted on going to trial.
Court’s Reasoning
The Court of Appeals applied the two-pronged Strickland v. Washington test for ineffective assistance of counsel. Under Strickland, a defendant must show that counsel’s performance was deficient and that the deficient performance prejudiced the defense. The court found that the attorney’s misadvice regarding deportation consequences satisfied the first prong, as it fell below an objective standard of reasonableness. The court distinguished the case from situations where counsel merely fails to advise about deportation, which does not automatically constitute ineffective assistance. The court emphasized that here, counsel gave affirmatively incorrect advice. However, the court held that McDonald failed to satisfy the second prong because his motion to vacate the conviction lacked a factual allegation that he would have gone to trial had he been correctly advised. The court noted that “defendant was required to allege necessary facts to support his motion to vacate the judgment of conviction” and he failed to do so. The Court clarified that this case did not require a prediction analysis regarding the likely outcome of a trial. The key issue was whether McDonald showed he would have chosen to go to trial had he known the truth about the deportation consequences. The court affirmed the denial of McDonald’s motion because he failed to make this crucial showing of prejudice. The decision underscores the importance of defendants making specific factual allegations in support of ineffective assistance claims.