People v. Abue
This text of 68 A.D.3d 1542 (People v. Abue) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
During the pendency of the appeal, defendant was physically deported. While his counsel urges that the matter proceed for a determination of the merits, it is more appropriate to dismiss the appeal without prejudice to a motion by defendant for reinstatement of the appeal should he return to this Court’s jurisdiction (see People v Diaz, 7 NY3d 831, 832 [2006]; People v McFee, 61 AD3d 1000, 1000 [2009], lv denied 13 NY3d 798 [2009]).
Mercare, J.E, Kavanagh, Stein and McCarthy, JJ., concur. Ordered that the appeal is dismissed, without prejudice to a motion to reinstate the appeal should defendant return to this Court’s jurisdiction.
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Cite This Page — Counsel Stack
68 A.D.3d 1542, 890 N.Y.2d 832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-abue-nyappdiv-2009.