Legal Opinion
People v. Olivero
Appellate Division of the Supreme Court of the State of New York
Decided July 9, 2015No. 15663 6306/10PublishedCited by 4 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), entered on or about September 17, 2014, which denied defendant’s CPL 440.10 motion to vacate a 2012 judgment of conviction, unanimously affirmed.
The court properly exercised its discretion in denying defendant’s CPL 440.10 motion without holding a hearing (see People v Samandarov, 13 NY3d 433, 439-440 [2009]; People v Satterfield, 66 NY2d 796, 799-800 [1985]). In this post-Padilla case, defense counsel sufficiently met his obligation under Padilla v Kentucky (559 US 356 [2010]) to advise defendant of the risk of deportation…
2Cases cited6 opinions
- Padilla v. KentuckySupreme Court of the United States · 2010
- Lafler v. CooperSupreme Court of the United States · 2012
- People v. SatterfieldNew York Court of Appeals · 1985
- People v. McDonaldNew York Court of Appeals · 2003
- People v. SamandarovNew York Court of Appeals · 2009
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. ManuelAppellate Division of the Supreme Court of the State of New York · 2016
- People v. GeorgeAppellate Division of the Supreme Court of the State of New York · 2020
- People v. YoungAppellate Division of the Supreme Court of the State of New York · 2017
- People v. PedrazaAppellate Division of the Supreme Court of the State of New York · 2026