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PEOPLE v. RIVERA

Ind. No. 201/15. Appeal No. 12641. Case No. 2019-5886.

189 A.D.3d 551 (2020)

133 N.Y.S.3d 824

2020 NY Slip Op 07508

The People of the State of New York, Appellant, v. Fernando Rivera, Respondent.

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

Decided December 15, 2020.

Attorney(s) appearing for the Case

Cyrus R. Vance, Jr. , District Attorney, New York ( R. Jeannie Campbell-Urban of counsel), for appellant.

Robert S. Dean , Center for Appellate Litigation, New York ( Arielle Reid of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Singh, Kennedy, JJ.

The court providently exercised its discretion when it granted defendant's CPL 440.10 motion and vacated his guilty plea. The People's principal argument, that the court impermissibly vacated the conviction on the ground that defendant was actually innocent (see People v Tiger, 32 N.Y.3d 91 [2018]), is not supported by the record. Although the court's language might have been more precise, it is clear, under all the circumstances...

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