People v. Jian Jing Huang

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the case remitted to that Court, with directions to dismiss the appeal taken to that Court.

Arguing a misapprehension of his immigration status based on information provided by his attorney, defendant moved to withdraw his plea of guilty, after sentence had been pronounced in open court. In the alternative, he moved to vacate his plea under CPL 440.10 (1). Without describing the steps that are involved or what constitutes the entry of judgment, both parties concede that judgment had not been entered.…