People v. Morales

OPINION OF THE COURT

Louis L. Nock, J.

Defendant Julio Morales moves for an order, pursuant to Criminal Procedure Law § 440.10, to vacate a judgment entered against him on July 16, 1998 convicting him of Penal Law § 220.03, criminal possession of a controlled substance in the seventh degree, a class A misdemeanor, upon his plea of guilty to that charge that day.1 The People oppose defendant’s motion.

Background

Defendant, a citizen of the Dominican Republic, has been a lawful permanent resident of the United States since July 1, 1997. On May 7, 1998, defendant was arrested for Penal Law § 220.39…