Court of Appeals – Intermediate Appeal: People v. Harrison; People v. Serrano

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New York State Court of Appeals

Intermediate Appeal

Deportation

People v. Harrison; People v. Serrano

Nos. 60 & 61

Judge Fahey

Background: In each case the defendants were not natural citizens of the United States. After serving their sentences they were transferred into the custody of the U.S. Immigration and Customs Enforcement. In both cases, the defendants were deported during the pendency of their appeal. The people moved to have the appeal dismissed on the ground that the defendants were not available to obey any court mandate.

Ruling: The Court of Appeals held that People v. Ventura, 17 N.Y.3d 675 (2011), 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. However, intermediate appellate courts retain their discretionary authority to dismiss permissive appeals due to the defendant’s involuntary deportation.

No 60: Lisa Napoli for the appellant; Deborah E. Wassel for the respondent; No 61: Amy Donner for the appellant; Joyce Slevin for the respondent