People v. Garcia

OPINION OF THE COURT

Joseph Kevin McKay, J.

Introduction

Defendant Jose Garcia has submitted a CPL article 440 motion which calls upon this court to decide whether the United States Supreme Court’s recent decision in Padilla v Kentucky (559 US —, 130 S Ct 1473 [2010] [addressing counsel’s obligations to inform a client about deportation consequences of a guilty plea]) should be applied retroactively. For reasons addressed below this court answers that threshold question in the affirmative and must therefore determine the impact of Padilla on the facts of this case.

Defendant, through newly…