Opinion
No. 2010–1731SCR.
2011-12-27
The PEOPLE of the State of New York, Appellant, v. Carlos VALLE, Respondent.
Present: MOLIA, J.P., TANENBAUM and LaCAVA, JJ.
Appeal from an order of the District Court of Suffolk County, First District (Joseph A. Santorelli, J.), dated July 22, 2010. The order, following a hearing, granted defendant's motion, pursuant to CPL 440.10, to vacate a judgment convicting him, upon his plea of guilty, of sexual misconduct.
ORDERED that the matter is remitted to the District Court of Suffolk County to set forth its findings of fact, conclusions of law and the reasons for its determination in accordance with CPL 440.30(7), and the appeal is held in abeyance pending the issuance of the findings of fact, conclusions of law, and the reasons for its determination.
Defendant pleaded guilty to sexual misconduct (Penal Law § 130.20[1] ) and was sentenced on February 5, 1999 to three years' probation. In December 2009, defendant moved, pursuant to CPL 440.10(1)(h), to vacate the judgment of conviction on the ground that he had been denied his right to the effective assistance of counsel because his attorney had provided him with the wrong advice regarding the consequences of his plea with respect to his immigration status. The District Court, after a hearing, granted the motion.
On appeal, the People contend that defendant was not denied his right to the effective assistance of counsel under the Federal and State Constitutions.
Since the District Court granted the motion without setting forth its findings of fact, conclusions of law and the reasons for its determination (CPL 440.30[7] ), and the record is insufficient to enable this court to review the order ( seeCPL 470.15[1]; People v. Dover, 294 A.D.2d 594 [2002] ), the appeal is held in abeyance and the matter remitted to the District Court for a statement in accordance with CPL 440.30(7) ( see People v. Isaacs, 71 AD3d 1162 [2010] ).