People v. Picca

OPINION OF THE COURT

Jo Ann Ferdinand, J.

By notice of motion dated March 17, 2010, the defendant moves to vacate judgment pursuant to CPL 440.10 (1) (h) on the ground that he was denied his right to due process when he pleaded guilty in exchange for the promise of drug treatment but was never placed in a treatment program that could adequately address his mental health needs. In supplemental papers dated April 13, 2010, he asserts an additional ground of relief pursuant to CPL 440.10 (1) (h), claiming that he was denied his Sixth Amendment right to the effective assistance of counsel when his…