121 A.D.3d 465
N.Y. App. Div.
2014

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v EDWIN QUEZADA, Respondent.

Supreme Court, Appellate Division, First Department, New York

November 7, 2013

111 A.D.3d 465, 993 N.Y.S.2d 496

—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 US 356 [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 NY3d 777 [2014]). Accordingly, we reverse the order granting defendant‘s CPL 440.10 application and reinstate the judgment. Concur—Tom, J.P., Friedman, Acosta, Moskowitz and Gische, JJ.