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People v. Verdugo

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


April 15, 2010

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
CELIO VERDUGO, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (A. Kirke Bartley, J. at plea; Laura Ward, J. at sentence), rendered September 8, 2006, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him to a term of 3 years, and order, same court (Patricia Nunez, J.), entered on or about March 4, 2008, which denied defendant's CPL 440.10 motion to vacate the judgment, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Andrias, J.P., McGuire, Moskowitz, Acosta, DeGrasse, JJ.

3205/06

After a thorough evidentiary hearing, the court properly denied defendant's motion to vacate the judgment, made on the ground of ineffective assistance of counsel. There is no basis for disturbing the court's credibility determinations (see generally People v Prochilo, 41 NY2d 759, 761 [1977]). Defendant received effective assistance in connection with his guilty plea (see People v Ford, 86 NY2d 397, 404 [1995]). The credible evidence established that counsel provided competent advice concerning sentencing and immigration matters and the viability of an agency defense, and it establishes that defendant did not need an interpreter.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100415

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