Opinion
11-13-2014
The PEOPLE of the State of New York, Appellant, v. Sandra REYES, Defendant–Respondent.
Robert T. Johnson, District Attorney, Bronx (Richard J. Ramsay of counsel), for appellant. Robert S. Dean, Center for Appellate Litigation, New York (Katherine Skolnick of counsel), for respondent.
Robert T. Johnson, District Attorney, Bronx (Richard J. Ramsay of counsel), for appellant.Robert S. Dean, Center for Appellate Litigation, New York (Katherine Skolnick of counsel), for respondent.
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 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.
MAZZARELLI, J.P., FRIEDMAN, MANZANET–DANIELS, CLARK, JJ., concur.