17 N.Y.3d 675
NY2011Background
- Ventura convicted of criminal possession of stolen property in the third degree, unauthorized use of a vehicle in the third degree, and unlawful operation of a motor vehicle on a public highway; appealed but deported by ICE before resolution.
- Gardner convicted of a controlled substance offense in the seventh degree; appealed but deported before determination.
- Ventura was paroled to ICE on July 23, 2008, and deported September 12, 2008; Gardner deported February 26, 2009.
- Appellate Division dismissed both appeals as unavailable to obey the court's mandate; leave to appeal granted.
- Court holds the Appellate Division abused its discretion and must review merits, remanding for consideration of the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal of pending appeals due to involuntary deportation violates the right to appellate review | Ventura and Gardner; unavailability alone cannot justify denial | People; Appellate Division has discretion to dismiss for unavailability | Yes, appellate dismissal was an abuse of discretion |
| Whether Diaz and related precedents support blanket, automatic dismissal for involuntary deportees | Diaz did not authorize a blanket rule against review in all such cases | Appellate Division may dismiss under CPL 470.60 based on case-specific factors | No, not a blanket rule; remand for merits review in these circumstances |
Key Cases Cited
- People v Montgomery, 24 N.Y.2d 130 (1969) (absolute right to appeal; first principle of appellate review in NY)
- People v Bleakley, 69 N.Y.2d 490 (1987) (intermediate courts review questions of law and fact; role in justice system)
- People v Diaz, 7 N.Y.3d 831 (2006) (deportation context; discretionary dismissal without prejudice to reinstatement)
- People v Del Rio, 14 N.Y.2d 165 (1964) (precedent on discretionary dismissal and review)
- People v Parmaklidis, 38 N.Y.2d 1005 (1976) (precedent on appellate review in deportation context)
- Degen v. United States, 517 U.S. 820 (1996) (fugitive disentitlement policy context)
- Ortega-Rodriguez v. United States, 507 U.S. 234 (1993) (fugitive disentitlement rationale; limits on review)
- Puluc-Sique, 182 Cal. App. 4th 894 (2010) (intermediate appellate discretion in disentitlement; equities)
- State v Ortiz, 113 Wash.2d 32, 774 P.2d 1229 (1989) (deportation-retroactivity context; equity in review)
- Walcott v. Chertoff, 517 F.3d 149 (2d Cir. 2008) (finality rule; exhaustion of direct appeals)