Opinion
09-08-2016
The PEOPLE of the State of New York, Respondent, v. Francisco MEDINA, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Ellen Dille of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Clara H. Salzberg of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Ellen Dille of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Clara H. Salzberg of counsel), for respondent.
Opinion
Order, Supreme Court, Bronx County (Doris M. Gonzalez, J.), entered on or about April 30, 2012, which denied defendant's CPL 440.10 motion to vacate his conviction, unanimously dismissed, as moot.
The Court of Appeals has recently clarified the scope of People v. Ventura, 17 N.Y.3d 675, 934 N.Y.S.2d 756, 958 N.E.2d 884 (2011), holding that while that case prohibits the appellate divisions from dismissing direct appeals on account of a defendant's involuntary deportation, we retain the discretionary authority to dismiss permissive appeals on that ground. Consistent with that authority, we dismiss defendant's permissive appeal due to his involuntary deportation (People v. Harrison, 27 N.Y.3d 281, 32 N.Y.S.3d 560, 52 N.E.3d 223 [2016] ). It is accordingly unnecessary to reach defendant's further contentions.
SWEENY, J.P., ANDRIAS, MANZANET–DANIELS, KAHN, JJ., concur.