People v. De Los Dios

Appellate Division of the Supreme Court of New York

People v. De Los Dios

143 A.D.3d 419, 38 N.Y.S.3d 417

Appellate Division of the Supreme Court of the State of New York·Decided October 4, 2016·No. 1798 627/99 824/00·Published·Cited by 2 cases

Opinion

Appeal from order, Supreme Court, Bronx County (Dominic R. Massaro, J.), entered May 27, 2014, which denied defendant’s CPL 440.46 motion for resentencing, unanimously dismissed.

The appeal is dismissed pursuant to the fugitive disentitlement doctrine because defendant absconded from parole supervision while his appeal was pending and has not returned (see People v Taveras, 10 NY3d 227 [2008]; People v Law, 12 AD3d 192 [1st Dept 2004]). Were we not dismissing the appeal, we would affirm, finding that the court properly exercised its discretion in determining that substantial justice dictated the denial of defendant’s motion.

Concur — Friedman, J.P., Saxe, Moskowitz, Gische and Kahn, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from order, Supreme Court, Bronx County (Dominic R. Massaro, J.), entered May 27, 2014, which denied defendant’s CPL 440.46 motion for resentencing, unanimously dismissed.

The appeal is dismissed pursuant to the fugitive disentitlement doctrine because defendant absconded from parole supervision while his appeal was pending and has not returned (see People v Taveras, 10 NY3d 227 [2008]; People v Law, 12 AD3d 192 [1st Dept 2004]). Were we not dismissing the appeal, we would affirm, finding that the court properly exercised its discretion in determining that substantial justice dictated the denial of defendant’s motion.

Concur — Friedman, J.P., Saxe, Moskowitz, Gische and Kahn, JJ.

People v. De Los Dios, 143 A.D.3d 419, 38 N.Y.S.3d 417 (N.Y. Ct. App. 2016).

Pincite

143 A.D.3d 419 (People v. De Los Dios) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related