In People v. Baret (23 NY3d 777, 782 [2014]), the Court of Appeals determined that Padilla v. Kentucky should not be applied retroactively in "state court postconviction proceedings." Consequently, with respect to convictions that became "final" before Padilla v. Kentucky was decided, such as is the case with defendant's conviction, the Court of Appeals determined that the failure of counsel to advise a defendant of the immigration consequences of a plea did not constitute the ineffective assistance of counsel.