People v. Pina

Appeals from judgment, Supreme Court, Bronx County (Catherine M. Bartlett, J.), rendered June 4, 2008, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him to a term of one year, and order, same court (Doris M. Gonzalez, J.), entered May 1, 2012, which denied defendant’s CPL 440.10 motion to vacate the judgment, held in abeyance, and the matter remitted to Supreme Court for an evidentiary hearing to determine if defendant was denied effective assistance of counsel.

*450The motion court erred in deciding defendant’s…