Appellate Division of the Supreme Court of New York, 1996

People v. Hampton

Appellate Division of the Supreme Court of New York · Decided April 11, 1996 · White

226 A.D.2d 824; 640 N.Y.S.2d 826; 1996 N.Y. App. Div. LEXIS 3702

Cases that cite this one

2 later published cases cite this decision.

Matter of Allain v. Oriola-Allain (Appellate Division of the Supreme Court of New York 2014)
Skiff-Murray v. Murray (Appellate Division of the Supreme Court of New York 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

White, J.

Ap*825peal from a judgment of the County Court of Broome County (Mathews, J.), rendered July 11, 1994, upon a verdict convicting defendant of the crime of burglary in the third degree.

Following a jury trial, defendant was convicted of burglary in the third degree and sentenced as a second felony offender to an indeterminate prison term of 2 to 4 years. Defendant subsequently instituted this appeal; however, during its pendency defendant absconded from a work release program and a warrant was issued for his apprehension. Defendant’s whereabouts are unknown and the People now move to dismiss the appeal, while counsel for defendant states that he has no knowledge of the location of defendant and that he has been unable to comply with 22 NYCRR 800.14.

Since defendant is not presently available to obey the mandate of County Court in the event of an affirmance, the appeal should be dismissed (see, People v Howe, 32 NY2d 766; People v Sullivan, 28 NY2d 900; People v Del Rio, 14 NY2d 165, cert denied 379 US 939; Matter of Rios v City of New York, 180 AD2d 801; People v Southerland, 136 AD2d 662).

Cardona, P. J., Crew III, Yesawich Jr. and Spain, JJ., concur. Ordered that the appeal is dismissed.

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