People v. Cruz

Appeal, by permission, from an order of the County Court of Albany County (Breslin, J.), entered March 24, 2011, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting her of the crime of offering a false instrument for filing in the first degree, without a hearing.

Defendant, a citizen of El Salvador, pleaded guilty in 2002 to offering a false instrument for filing in the first degree and was sentenced to five years of probation. In 2011, she moved pursuant to CPL 440.10 to vacate the judgment of conviction on the ground that she was not adequately informed,…