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People v. Quezada

Supreme Court, Appellate Division, First Department, New York.
Oct 9, 2014
121 A.D.3d 465 (N.Y. App. Div. 2014)

Opinion

2014-10-9

The PEOPLE of the State of New York, Appellant, v. Edwin QUEZADA, Defendant–Respondent.

Robert T. Johnson, District Attorney, Bronx (Richard J. Ramsay of counsel), for appellant. Ross & Asmar LLC, New York (Steven Ross of counsel), for respondent.


Robert T. Johnson, District Attorney, Bronx (Richard J. Ramsay of counsel), for appellant. Ross & Asmar LLC, New York (Steven Ross of counsel), for respondent.

Order, Supreme Court, Bronx County (Denis J. Boyle, J.), entered on or about January 17, 2013, which granted defendant's CPL 440.10 motion to vacate a judgment of conviction rendered November 18, 1997, unanimously reversed, on the law, and the judgment reinstated.

The judgment of conviction was vacated under Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010). However, it has since been decided that the rule announced in Padilla will not be accorded retroactive application in this state to cases which became final on direct review prior to the Supreme Court's decision (People v. Baret, 23 N.Y.3d 777, 992 N.Y.S.2d 738, 16 N.E.3d 1216 [2014] ). Accordingly, we reverse the order granting defendant's CPL 440.10 application and reinstate the judgment. TOM, J.P., FRIEDMAN, ACOSTA, MOSKOWITZ, GISCHE, JJ., concur.


Summaries of

People v. Quezada

Supreme Court, Appellate Division, First Department, New York.
Oct 9, 2014
121 A.D.3d 465 (N.Y. App. Div. 2014)
Case details for

People v. Quezada

Case Details

Full title:The PEOPLE of the State of New York, Appellant, v. Edwin QUEZADA…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Oct 9, 2014

Citations

121 A.D.3d 465 (N.Y. App. Div. 2014)
121 A.D.3d 465
2014 N.Y. Slip Op. 6867

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