If the 2010 is in nice shape I would lean toward it. Miles are high but warranty & maintenance keeps it appealing. Also I like black/black but I am biased.
09+ gives you the newer idrive which is fantastic and theoretically they got other bugs worked out in later years (although I haven't heard of many issues with the 08s).
Usually I'd say miles over year but it's worth trying to get a 09 or 10 if you can swing it. 09/10 seems to be the sweet spot for newness without being too expensive.