PEOPLE v. VARENGA

No. 193

26 N.Y.3d 529 (2015)

45 N.E.3d 945

2015 NY Slip Op 09312

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. NATANAEL SAGASTUMEAL VARENGA, Respondent.

Court of Appeals of New York.

Decided December 17, 2015.


Attorney(s) appearing for the Case

Thomas J. Spota , District Attorney, Riverhead ( Thomas C. Costello of counsel), for appellant.

Solages & Associates, Hauppauge ( Phil Solages and Jonathan S. Fishbein of counsel), for respondent.

Dawn M. Seibert , Immigrant Defense Project, New York City, and Center for Appellate Litigation, New York City ( Leticia Olivera and Claudia Trupp of counsel), for Randy Hertz and others, amici curiae.

Judges PiGOTT, ABDUS-SALAAM and STEIN concur; Judge RiVERA dissents in an opinion in which Chief Judge LIPPMAN concurs.


OPINION OF THE COURT

On this appeal, we are asked to decide when a defendant's judgment of conviction and sentence becomes final for purposes of applying a new rule of federal constitutional criminal procedure, when the defendant does not take a direct appeal to the Appellate Division. Defendant asks us to hold that the judgment...

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