AD2 order dated March 26, 2014, dismissing an appeal by permission from a 440.10 motion denial. Decision below: 115 AD3d 980, 982 NYS2d 544. Lippman, Ch.J., granted leave December 29, 2014. To be argued March 29, 2016.

ISSUE PRESENTED: Whether the Appellate Division erred in dismissing the appeal of a defendant who had been involuntarily deported after receiving permission to appeal his 440.10 denial, on the ground that it was a permissive appeal rather than a direct-judgment appeal as of right. (Assigned counsel: Allegra Glashausser & Lynn W.L. Fahey, Appellate Advocates, 111 John St., 9th Floor, NYC 10038.)