Appellate Division of the Supreme Court of New York, 1985

People v. Cook

People v. Cook
Appellate Division of the Supreme Court of New York · Decided November 15, 1985
115 A.D.2d 347; 496 N.Y.S.2d 711; 1985 N.Y. App. Div. LEXIS 54634
People v. Cook

Opinion of the Court

Appeal unanimously dismissed, without costs. Memorandum: It is uncontroverted that respondent was released on bail after his arrest on May 5, 1985, and was required to appear in court on May 8, 1985. He has remained a fugitive since that time. We decline to consider his appeal since there is no indication that he would comply with whatever order we might make (see, Smith v United States, 94 US 97; see also, People ex rel. Martinez v Walters, 63 NY2d 727). (Appeal from order of Supreme Court, Cayuga County, Corning, J.—criminal contempt.) Present—Doerr, J. P., Boomer, O’Donnell, Pine and Schnepp, JJ.

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