Opinion
11-06-2014
The PEOPLE of the State of New York, Appellant, v. Jose MERCADO, Defendant–Respondent. Immigrant Defense Project, Amicus Curiae.
Robert T. Johnson, District Attorney, Bronx (Jason S. Whitehead of counsel), for appellant. Jorge Guttlein & Associates, P.C., New York (Thomas E. Moseley of counsel), for respondent. Immigrant Defense Project, New York (Dawn M. Seibert of counsel), for amicus curiae.
Robert T. Johnson, District Attorney, Bronx (Jason S. Whitehead of counsel), for appellant.
Jorge Guttlein & Associates, P.C., New York (Thomas E. Moseley of counsel), for respondent.
Immigrant Defense Project, New York (Dawn M. Seibert of counsel), for amicus curiae.
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 P. 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 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (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 N.Y.3d 777, 992 N.Y.S.2d 738, 16 N.E.3d 1216 [2014] ), we reverse the order granting defendant's CPL 440.10 motion and reinstate the judgment of conviction.
GONZALEZ, P.J., FRIEDMAN, ACOSTA, CLARK, JJ., concur.