People v. Verdejo

OPINION OF THE COURT

Tom, J.P

Over nine years after pleading guilty to criminal possession of a weapon in the third degree, defendant brought this motion to vacate the judgment of conviction, from which no appeal was ever taken, on the ground that he was denied effective assistance of counsel. In granting the motion pursuant to CPL 440.10 (h), the court gave retroactive application to Padilla v Kentucky (559 US 356 [2010]), in which the United States Supreme Court added to the obligations imposed on an attorney the requirement to accurately advise an immigrant defendant about the consequences…