A defendant’s failure to take a direct appeal renders him ineligible for New York’s one-year appeals grace period and dooms his chance to erase a guilty plea that guaranteed his deportation, the New York Court of Appeals held Thursday.
A divided court denied Natanael Varenga’s request that he be allowed the one-year grace period he could have obtained, but failed to seek, from the Appellate Division, Second Department, under Criminal Procedure Law 460.30(1).
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