People v East

[*1] People v East 2014 NY Slip Op 50087(U) Decided on January 31, 2014 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 31, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Shulman, JJ
571151/12. The People of the State of New York, Appellant, - against -



against

George East, Defendant-Respondent.

The People appeal from an order of the Criminal Court

of the City of New York, Bronx County (Edgar G. Walker, J.), dated January 20, 2012, which granted defendant's CPL 440.10 motion to vacate a judgment (same court and Judge), rendered September 9, 1998, convicting defendant, upon a plea of guilty, of criminal possession of marijuana in the fourth degree, and imposing sentence.
Per Curiam.

Order (Edgar G. Walker, J.), dated January 20, 2012, reversed, on the law, motion denied, and judgment of conviction reinstated.

The holding of Padilla v Kentucky (559 US 356 [2010]), that the Sixth Amendment requires defense counsel to advise a defendant about the risk of deportation arising from a guilty plea, constitutes a "new rule," which is not to be given retroactive effect (see Chaidez v United States, 568 US —, _—, 133 S Ct 1103 [2013]). Here, inasmuch as defendant's 1998 conviction was final well prior to Padilla, the rule set forth therein is inapplicable (see People v Verdejo, 109 AD3d 138 [2013]; People v Soodoo, 109 AD3d 1014 [2013]; People v Bent, 108 AD3d 882 [2013]), and defendant's motion to vacate the judgment of conviction, founded exclusively on Padilla, must be denied.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concurI concur
Decision Date: January 31, 2014