Opinion
Docket No. 2004NY039390
05-25-2022
The People of the State of New York v. Yvonne Chalom, Defendant.
For the People: Alvin L. Bragg, Jr., NY County District Attorney's Office, by ADA Travis Holmes, HolmesT@dany.nyc.gov For the Defense: Douglas Rankin, Esq., dgrankinlaw@gmail.com
Unpublished Opinion
MOTION DECISION
For the People: Alvin L. Bragg, Jr., NY County District Attorney's Office, by ADA Travis Holmes, HolmesT@dany.nyc.gov
For the Defense: Douglas Rankin, Esq., dgrankinlaw@gmail.com
Lumarie Maldonado-Cruz, J.
Hon. Lumarie Maldonado-Cruz, J.C.C.
Defendant, Yvonne Chalom, moves this Court by notice of motion filed on January 24, 2020 for an order vacating her judgment of conviction from September 26, 2005, pursuant to CPL § 440.10. For reasons that follow, the motion is DENIED in its entirety, without the need for a hearing.
Factual Background and Procedural History
Defendant, a former NYC teacher, was convicted after a jury trial of 32 counts of Aggravated Harassment in the Second Degree [P.L. §§ 240.30(1)(b) and (2)] against her school principal.
In 2007, Defendant's conviction became final, (People v. Chalom, 15 Misc.3d 133 (A)) (App. Term 1st Dep't. 2007), and her subsequent CPL § 440.10 post-conviction application was denied. People v. Chalom, Decision and Order, Dkt. 2004NY039390 (NY Crim. Ct. 2008) (Jackson, J.). Ms. Chalom did not seek leave to appeal the 2008 denial, and had otherwise exhausted her state remedies. Defendant now moves this Court for an order vacating her 2005 judgment of conviction, as a retroactive consequence of the 2014 Court of Appeals ruling in People v. Golb, 23 N.Y.3d 455 (2014).
Discussion
In 2014, the New York Court of Appeals declared the state criminal statute of Aggravated Harassment in the Second Degree [P.L. § 240.30(1)(a)] unconstitutionally vague, and overbroad. People v. Golb, 23 N.Y.3d 455 (2014).
When a criminal defendant has exhausted state remedies, that criminal judgment is deemed "final" for purposes of determining retroactive application of new law. People v. Williams, 75 Misc.3d 129(A) (App.Term 1st Dep't. 2022). For convictions on direct appeal, which derive from a criminal statute subsequently declared unconstitutional and the issue was preserved for judicial review," there is no alternative but to give the decision retroactive effect for the declaration of unconstitutionality is a statement that the defendant has committed no crime." People v. Cesaire, 127 A.D.3d 1226 (2nd Dep't. 2015); People v. Westwood, 53 Misc.3d 74 (App.Term 2nd Dep't. 2016).
Inasmuch as Defendant's conviction became final before the Court of Appeals ruling in Golb, and not having preserved a constitutional challenge to the statute, Defendant's current application must be denied. People v. Ellis, 65 Misc.3d 129(A) (App.Term 1st Dep't. 2022); People v. Ward, 136 A.D.3d 504 (1st Dep't. 2016).
To the extent Ms. Chalom claims ineffective assistance of counsel, such claim was adjudicated in prior proceedings, and does not raise new issues warranting vacatur of her convictions.
Conclusion
For the reasons stated herein, Defendant's CPL§ 440.10 motion is DENIED in its entirety without the need for a hearing.
This opinion constitutes the decision and Order of this Court.