Legal Question in Criminal Law in New York

I filed a CPL 440.10 motion to vacate judgmen(padilla v. kentucky) on march 28, 2012, I was scheduled before the Hon. Michael J. Obus for April 26, 2012 and that court date was adjourn for the following month. Every month the same thing happen adjourn for the next month it's been six month going on seven since the motion was filed, Now the new court date is for October 4th, 2012. what can I do ? can I filed a motion to supress the time it's taking? thank you for your time and help in this matter, Eddie Castro


Asked on 9/15/12, 4:19 pm

1 Answer from Attorneys

Eric Rothstein Rothstein Law PLLC

There is nothing you can do. Judge Obus is very fair - you should be happy to have him. Has the DA put in papers? If NO, he is likely waiting for the DA. If YES, the US Supreme Court is going to take up whether Padilla is retroactive in its next term (starts in October) so maybe he is waiting to see what the Court decides.

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Answered on 9/15/12, 4:46 pm


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