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PEOPLE v. VENTURA

Nos. 160, 161.

17 N.Y.3d 675 (2011)

958 N.E.2d 884

2011 NY Slip Op 7475

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS VENTURA, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAMIAN GARDNER, Appellant.

Court of Appeals of New York.

Decided October 25, 2011.

Attorney(s) appearing for the Case

Appellate Advocates, New York City ( Erin R. Collins , and Lynn W.L. Fahey , of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( Karen Wigle Weiss , and John M. Castellano , of counsel), for respondent.

Appellate Advocates, New York City ( Erica Horwitz , and Lynn W.L. Fahey , of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( Karen Wigle Weiss , and John M. Castellano , of counsel), for respondent.

Immigrant Defense Project, New York City ( S. Isaac Wheeler , of counsel), for Immigrant Defense Project and another, amici curiae in the first and second above-entitled actions.

Chief Judge LIPPMAN and Judges CIPARICK and SMITH concur with Judge JONES; Judge READ dissents and votes to affirm in a separate opinion in which Judges GRAFFEO and PIGOTT concur.

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...

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