People v. Cuello

Judgment, Supreme Court, Bronx County (Elbert C. Hinkson, J.), rendered June 26, 1987, convicting defendant, upon his plea of guilty of manslaughter in the first degree, and sentencing him to a term of 7 to 21 years, and order of the same court, entered March 4, 1991, denying defendant’s motion pursuant to CPL 440.20 to set aside the sentence and for resentencing with a judicial recommendation against deportation, unanimously affirmed.

Defendant is barred from seeking a judicial recommendation against deportation (JRAD) because of the retroactive repeal of the abolition of JRAD provisions…