The People appeal from an order of the Criminal Court of the City of New York, Bronx County (Ann E. Scherzer, J.), dated January 25, 2013, which granted defendant's CPL 440.10 motion to vacate a judgment of the same court (Michael R. Sonberg, J.), rendered January 3, 2002, convicting defendant, upon a plea of guilty, of criminal possession of marijuana in the fourth degree, and imposing sentence.

Per Curiam.

Order (Ann E. Scherzer, J.), dated January 25, 2013, reversed, on the law, motion denied, and judgment of conviction reinstated.

The holding of Padilla v Kentucky (559 US 356 [2010]), that the Sixth Amendment requires defense counsel to advise a defendant about the risk of deportation arising from a guilty plea, constitutes a "new rule," which is not to be given retroactive effect (see Chaidez v United States, 568 US ___, 133 S Ct 1103 [2013]). Here, inasmuch as defendant's 2002 conviction was final well prior to Padilla, the rule set forth therein is inapplicable (see People v Verdejo, 109 AD3d 138 [2013] People v Soodoo, 109 AD3d 1014 [2013] People v Bent, 108 AD3d 882 [2013]), and defendant's motion to vacate the judgment of conviction, founded exclusively on Padilla, must be denied.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
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Decision Date: April 24, 2014