People v. Mercado

122 A.D.3d 401, 994 N.Y.S.2d 537

Opinion

Order, Supreme Court, Bronx County (Leonard Livote, J), entered on or about July 21, 2011, which granted defendant’s CPL 440.10 motion to vacate a judgment of the same court (Maxwell Wiley, J., at plea; John E Collins, J., at sentencing), rendered April 1, 2005, convicting defendant of criminal sale of a controlled substance in the fourth degree, and sentencing him to a term of five years’ probation, unanimously reversed, on the law, and the judgment reinstated.

The judgment of conviction was vacated pursuant to Padilla v Kentucky (559 US 356 [2010]), which was decided after defendant’s conviction had become final. In view of the Court of Appeals’ determination that the Padilla rule will not be applied retroactively in the courts of this state (People v Baret, 23 NY3d 777 [2014]), we reverse the order granting defendant’s CPL 440.10 motion and reinstate the judgment of conviction.

Concur — Gonzalez, P.J., Friedman, Acosta and Clark, JJ. [Prior Case History: 32 Misc. 3d 1220(A), 2011 NY Slip Op 51373(U).]