Appellate Division of the Supreme Court of New York, 2014

People v. Ramirez

People v. Ramirez
Appellate Division of the Supreme Court of New York · Decided October 21, 2014 · Gonzalez, Friedman, Sweeny, Moskowitz, Clark
121 A.D.3d 531; 993 N.Y.S.2d 893
People v. Ramirez

Opinion

Order, Supreme Court, Bronx County (Martin Marcus, J.), entered on or about March 30, 2012, which denied defendant’s CPL 440.10 motion to vacate a judgment of conviction rendered March 20, 1997, unanimously affirmed.

Defendant’s claim under Padilla v Kentucky (559 US 356 [2010]) is unavailing, because that decision has no retroactive application to defendant’s case (People v Baret, 23 NY3d 777 [2014]).

Concur — Gonzalez, PJ., Friedman, Sweeny, Moskowitz and Clark, JJ.

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