PEOPLE v. QUEZADA

11300, 1378/96.

121 A.D.3d 465 (2014)

993 N.Y.S.2d 496

2014 NY Slip Op 06867

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

Appellate Division of the Supreme Court of New York, First Department.

Decided October 9, 2014.


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 [2010]). However, it has since been decided that the rule announced in Padilla will not be accorded retroactive...

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