| People v Ramirez |
| 2014 NYSlipOp 07091 [121 AD3d 531] |
| October 21, 2014 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Dimas Ramirez, Appellant. |
Steven Banks, The Legal Aid Society, New York (Heidi Bota of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Rebecca L. Johannesen of counsel), for respondent.
Order, Supreme Court, Bronx County (Martin Marcus, J.), entered on or about March 30, 2012, which denied defendant's CPL 440.10 motion to vacate a judgment of conviction rendered March 20, 1997, unanimously affirmed.
Defendant's claim under Padilla v Kentucky (559 US 356 [2010]) is unavailing, because that decision has no retroactive application to defendant's case (People v Baret, 23 NY3d 777 [2014]). Concur—Gonzalez, P.J., Friedman, Sweeny, Moskowitz and Clark, JJ.