| People v Samms |
| 2013 NY Slip Op 50043(U) [38 Misc 3d 1210(A)] |
| Decided on January 14, 2013 |
| Criminal Court Of The City Of New York, Bronx County |
| Scherzer, J. |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
The People of
the State of New York, Respondent
against Ingrid Samms, Defendant. |
On April 7, 1998, pursuant to a negotiated plea, defendant Ingrid Samms was convicted of Disorderly Conduct, in violation of Penal Law � 240.20. In a decision and order dated October 10, 2010, this Court granted defendant's motion to vacate a judgment of conviction pursuant to CPL � 440.10(3). The People now move, pursuant to CPLR � 2221(d), to reargue the court's decision. Defendant contends that this court "overlooked or misapprehended," and thereby exceeded its own authority to vacate convictions pursuant to CPL � 440.10(3).
Upon a review of the motion papers submitted by both sides and the applicable case law, the court acknowledges that � 440.10(3) (c) does not provide for vacatur of a conviction "in the interest of justice," absent a finding of one of the specifically enumerated grounds for vacatur provided in 440.10(1)(a)-(h). Instead, that section authorizes a reviewing court to bypass certain procedural bars of CPL � 440.10(3)(a), (b), and (c) that would otherwise prevent review of a meritorious claim, for interest of justice considerations.
Furthermore, upon reconsideration of defendant's original 440.10 motion, the Court finds no basis for relief, particularly as defendant has not demonstrated any actual prejudice resulting from this conviction.
Accordingly, the People's motion to reargue is GRANTED, the Court's previous order vacating the defendant's conviction is VACATED and the defendant's motion to vacate her conviction pursuant to CPL �440.10 is DENIED.
This constitutes the Decision of this Court.
Dated:January 14, 2013____________________________________
Bronx, New YorkHon. Ann E. Scherzer
Judge, Bronx Criminal Court