People v. Reyes

122 A.D.3d 461, 994 N.Y.S.2d 863

Opinion

Order, Supreme Court, Bronx County (Caesar D. Cirigliano, J.), entered on or about October 25, 2011, which granted defendant’s CPL 440.10 motion to vacate a judgment of the same court and Justice, rendered October 21, 1999, convicting defendant, on her plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing her 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 — Mazzarelli, J.P, Friedman, Manzanet-Daniels and Clark, JJ.