Failing to consider Probation in sentencing because of Defendant's undocumented status results i
Issue: "whether an undocumented immigrant must be sentenced to a period of incarceration rather than to a term of probation because the...
NYS: The holding in Padilla is not retroactive...
The holding in Padilla is not retroactive. The issue was whether the holding in Padilla would apply to Defendant, who was convicted for...
