People v. Hernandez

266 A.D.2d 116, 698 N.Y.S.2d 147, 1999 N.Y. App. Div. LEXIS 12078

Opinion

—Appeal from judgment, Supreme Court, New York County (Renee White, J.), rendered October 15, 1997, convicting defendant-appellant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of 4 to 12 years, unanimously dismissed, upon the ground that appellant, having absconded, is not presently available to obey the mandate of the Court (see, People v Johnson, 191 AD2d 279, lv dismissed 81 NY2d 1074). Were we not dismissing the appeal, we would find no abuse of sentencing discretion. Concur — Ellerin, P. J., Rosenberger, Tom, Andrias and Buckley, JJ.