ITHACAN'S DRUG CONVICTION UPHELD

ITHACA -- A state Supreme Court recently upheld the drug-related conviction
of an Ithaca father of three --a move that could clear the way for the
man's deportation.

Alfred A. O'Connor, of the New York State Defenders Association, filed an
appeal on behalf of Bruce McDonald, who pleaded guilty to drug charges in
1999. McDonald was convicted of third-degree criminal sale of marijuana, a
Class E felony, and third-degree criminal possession of a controlled
substance, a Class B felony, in Tompkins County Court.

The charges stemmed from an incident in which McDonald was accused of
selling marijuana to an undercover state police officer, as well as from a
later incident in which cocaine and other drugs were seized from his home.

O'Connor asked the court to toss out the conviction because McDonald hadn't
been informed he was at risk of deportation when he entered his plea.
O'Connor said he incorrectly advised his client that the admission of guilt
would not result in his deportation because of his lengthy residency in the
United States and because he has three American children.

McDonald, a citizen of Jamaica who has lived in the United States as a
lawful permanent resident for more than 20 years, was served a deportation
notice after admitting guilt.

In its decision released July 18, the Third Department of the state Supreme
Court Appellate Division said McDonald had not demonstrated that, had it
not been for his attorney's misadvice, he would have elected to go to
trial. The court ruled that the fact McDonald was not told he was at risk
of deportation did not compromise the validity of his plea.

The court said it could not conclude that McDonald was deprived of
effective counsel required by the state and federal constitution. Neither
McDonald nor his attorney could be reached for comment.