Peopl York v. Tejeda

*445Appeal from judgment, Supreme Court, New York County (Brenda G. Soloff, J.), rendered July 13, 2004, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of l3/4 to 5V4 years, held in abeyance, and the matter remitted for further proceedings in accordance herewith.

The issue here is whether a defendant whose case still is on direct appeal should be denied the benefit of the Court of Appeals’ ruling in People v Peque (22 NY3d 168 [2013], cert denied 574 US —, 135 S Ct 90 [2014]), which is rooted in federal…