People v. Frias

Appellate Division of the Supreme Court of New York

People v. Frias

25 A.D.3d 384, 806 N.Y.S.2d 869

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 10, 2006

StatusPublished

This text of 25 A.D.3d 384 (People v. Frias) 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.

Bluebook

People v. Frias, 25 A.D.3d 384, 806 N.Y.S.2d 869 (N.Y. Ct. App. 2006).

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Opinion

Appeal from judgment, Supreme Court, Bronx County (Barbara F. Newman, J.), rendered May 22, 2003, convicting defendant, after jury trial, of two counts of criminal sale of a controlled substance in the third degree, and sentencing him to concurrent terms of 3 to 9 years, unanimously dismissed.

Since defendant has been deported, he is not presently available to obey the mandate of the court in the event of affirmance (see e.g. People v Llama, 19 AD3d 170 [2005]). Accordingly, his appeal is dismissed. Were we not dismissing the appeal, we would find that the verdict was based on legally sufficient evidence and was not against the weight of the evidence. Concur— Sullivan, J.P., Nardelli, Catterson, McGuire and Malone, JJ.

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Appeal from judgment, Supreme Court, Bronx County (Barbara F. Newman, J.), rendered May 22, 2003, convicting defendant, after jury trial, of two counts of criminal sale of a controlled substance in the third degree, and sentencing him to concurrent terms of 3 to 9 years, unanimously dismissed.

Since defendant has been deported, he is not presently available to obey the mandate of the court in the event of affirmance (see e.g. People v Llama, 19 AD3d 170 [2005]). Accordingly, his appeal is dismissed. Were we not dismissing the appeal, we would find that the verdict was based on legally sufficient evidence and was not against the weight of the evidence. Concur— Sullivan, J.P., Nardelli, Catterson, McGuire and Malone, JJ.

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Bluebook (online)

25 A.D.3d 384, 806 N.Y.S.2d 869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-frias-nyappdiv-2006.

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