People v. Ramos

Order, Supreme Court, Bronx County (Efrain Alvarado, J.), entered on or about May 27, 2011, which denied defendant’s CPL 440.10 motion to vacate a judgment of the same court and Justice, rendered March 19, 2007, 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 one year, unanimously reversed, on the law, and the matter remanded for a hearing on defendant’s motion.

Defendant’s moving papers were sufficient to warrant a hearing on his claim of ineffective assistance of counsel under Padilla v Kentucky…