People v. Marino Serrano


AT2 order dated September 29, 2014, dismissing defendant’s appeal. Decision below: 45 Misc. 3d 69, 997 NYS2d 213. Lippman, Ch. J., granted leave March 27, 2015. To be argued March 29, 2016.
ISSUE PRESENTED: Whether the Appellate Term erred in dismissing defendant’s appeal based upon his involuntary deportation; the court reasoned that the defendant was raising a plea-withdrawal - - as opposed to a sufficiency or weight-of-the-evidence - - claim. (Assigned counsel: Seymour James, Legal Aid Society, Criminal Appeals Bureau, 199 Water Street, NYC 10038.)