Legal Opinion
The People v. Andre Harrison / The People v. Marino Serrano
New York Court of Appeals
Decided May 5, 2016No. 60 - 61PublishedCited by 16 opinions
1Opinion of the Court
OPINION OF THE COURT
Fahey, J.
In People v Ventura (17 NY3d 675 [2011]), we held that the Appellate Division abused its discretion in dismissing two pending direct appeals due to the involuntary deportations of the defendants. In the present appeals, we are asked to clarify Ventura’s application. We hold that Ventura prohibits intermediate appellate courts from dismissing pending direct appeals due to the defendant’s involuntary deportation, regardless of the contentions raised by the defendant on appeal. We conclude, however, that, consistent with this Court’s authority to dismiss pending…
2Cases cited6 opinions
- People v. MontgomeryNew York Court of Appeals · 1969
- People v. VenturaNew York Court of Appeals · 2011
- People v. DiazNew York Court of Appeals · 2006
- People v. GuayNew York Court of Appeals · 2011
- People v. SerranoAppellate Terms of the Supreme Court of New York · 2014
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- People v. BennettAppellate Division of the Supreme Court of the State of New York · 2016
- Peopl York v. TejedaAppellate Division of the Supreme Court of the State of New York · 2016
- People v. MedinaAppellate Division of the Supreme Court of the State of New York · 2016
- People v. MoralesNew York Court of Appeals · 2016
- People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2022
11 more not listed; retrieve them via the Exa API.