Legal Opinion

People v. Ventura

New York Court of Appeals

Decided October 25, 2011No. 160, 161PublishedCited by 37 opinions

1Opinion of the Court

OPINION OF THE COURT

Jones, J.

In these criminal proceedings, the Appellate Division, pursuant to CPL 470.60 (1), dismissed defendants’ direct appeals from their judgments of conviction prior to their hearing and disposition. Both defendants filed timely notices of appeal, but were involuntarily deported by the Department of Homeland Security’s Immigration and Customs Enforcement (ICE) while their appeals were pending. The common issue presented is whether the Appellate Division abused its discretion in dismissing these appeals. We hold it did.

Following a jury trial, defendant Carlos Ventura…

2Cases cited11 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. Degen v. United StatesSupreme Court of the United States · 1996
  3. Ortega-Rodriguez v. United StatesSupreme Court of the United States · 1993
  4. People v. MontgomeryNew York Court of Appeals · 1969
  5. People of the State of N.Y. v. . GenetNew York Court of Appeals · 1874

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3Cited by37 opinions

  1. People v. PaganNew York Court of Appeals · 2012
  2. People v. ShimAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. AndrewsNew York Court of Appeals · 2014
  4. The People v. Andre Harrison / The People v. Marino SerranoNew York Court of Appeals · 2016
  5. People v. CartyAppellate Division of the Supreme Court of the State of New York · 2012

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