- Court
- New York Supreme Court, Appellate Division, First Department
- Case
- People v. Pedraza
- Date
- May 28, 2026
- Slip Op. No.
- 2026 NY Slip Op 03368
Background
Defendant Eugenia Pedraza was convicted after trial and sentenced in 2002. More than twenty years later, she filed a CPL 440.10 motion to vacate the conviction, claiming ineffective assistance of counsel based on trial counsel’s failure to negotiate an immigration-favorable plea and failure to advise her of the adverse immigration consequences of her plea. The Supreme Court, Bronx County, denied the motion without a hearing. Pedraza appealed.
Holding
The Appellate Division unanimously affirmed the denial of the CPL 440.10 motion. On the claim that trial counsel failed to negotiate an immigration-favorable plea, the Court found that the claim was speculative and that the evidence submitted on the motion failed to establish any reasonable probability that the People would have made such an offer, applying the standards from Lafler v. Cooper, 566 US 156 (2012). On the claim that counsel failed to advise the defendant of adverse immigration consequences, the Court found that this claim was also insufficient to warrant a hearing. The Court applied the framework for evaluating ineffective assistance claims based on immigration advice and found that the defendant did not demonstrate the prejudice required under either the federal or state standards.
Takeaways
A CPL 440.10 motion claiming ineffective assistance based on the failure to negotiate an immigration-favorable plea must include evidence demonstrating a reasonable probability that the prosecution would have offered such a plea. Mere speculation that a better deal was available is insufficient. Similarly, claims based on the failure to advise of immigration consequences must demonstrate prejudice—that is, a reasonable probability that the defendant would not have pleaded guilty had she been properly advised. These requirements apply even when the motion is filed decades after the conviction, and the passage of time may make it more difficult to assemble the necessary evidence.
Why It Matters
This decision is relevant for immigration and criminal defense practitioners handling post-conviction relief for noncitizen defendants. Since Padilla v. Kentucky, 559 US 356 (2010), established that defense counsel must advise clients of the immigration consequences of guilty pleas, numerous defendants have sought to vacate older convictions on ineffective assistance grounds. This case demonstrates the evidentiary hurdles that such motions face, particularly when filed many years after the conviction. Attorneys representing noncitizen defendants should document immigration advice at the time of the plea and preserve evidence of plea negotiations, as the absence of such evidence may be fatal to a later CPL 440.10 motion.