Below is a compilation of Immigrant Defense Project (IDP) resources that provide information that may be useful for criminal defense lawyers representing immigrant (noncitizen) defendants in criminal proceedings in New York State:
- June 27 Practice Note
Updates updates to the Aggravated Felony and CSO determinations for:- 220.03 (Criminal possession of a controlled substance in the seventh degree);
- 220.06(1) (Criminal possession of a controlled substance in the fifth degree, first subsection);
- 220.31 (Criminal sale of a controlled substance in the fifth degree);
- 220.34(7)&(8) (Criminal sale of a controlled substance in the fourth degree, seventh and eighth subsections);
- 220.45 (Criminally possessing a hypodermic instrument); and
- 220.65 (Criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist) [Not now in NY Chart].
- June 8 Practice Note
Updates to the Aggravated Felony determinations for:- 130.10(1) (Sexual misconduct);
- 130.25(2) (Rape in the third degree);
- 130.40(2) (Criminal sexual act in the third degree);
- 130.55 (Sexual abuse in the third degree); and
- Additional considerations for other Article 130 Offenses.
- Immigration Consequences of Crimes Summary Checklist
- Chart of Suggested Approaches for Representing a Noncitizen Client in a NY Criminal Case
Presents a chart of suggested approaches for criminal defense lawyers in planning a negotiating strategy to avoid negative immigration consequences of a New York criminal case for a noncitizen client depending on the particular immigration status of the client.
- Quick Reference Chart for Determining Key Immigration Consequences of Common NY Offenses
Analyzes common charged New York Penal Law and Vehicle and Traffic Law offenses for quick reference advice on key potential immigration consequences of conviction of these offenses and for strategies and tips for defending noncitizens charged with these offenses.- To access the first half of the chart, which includes NYPL inchoate offenses and Section 120.00 through 165.73, go to: https://goo.gl/aS2NFE.
- To access the second half of the chart, which includes NYPL §§ 170.05 – 275.40 and some VTL offenses, go to: https://goo.gl/WHPxbR.
If your are experiencing technical difficulty accessing the chart or need to reset your account number, email marie [at] immdefense.org
These resources are intended to be used in conjunction with the IDP manual, Representing Immigrant Defendants in New York (5th ed., 2011). In particular, defense lawyers are directed to the following IDP Manual chapters for guidance that may prove helpful for using the attached resources:
- For information on how to determine your client’s immigration status, see IDP Manual Chapter 2.
- For strategies relating to specific criminal offense categories, see IDP Manual Chapter 5 including sections on the following categories of NY offenses:
- Drug offenses (§5.4)
- Violent offenses, including murder, rape, or other sex offense, assault, criminal mischief or robbery (§5.5)
- Property offenses, including theft, burglary or fraud offense (§5.6)
- Firearm offenses (§5.7)
For other potentially useful resources, see IDP website at http://www.immdefense.org/resources2/