People v. Jackson

Appellate Division of the Supreme Court of New York

People v. Jackson

44 A.D.2d 540, 353 N.Y.S.2d 465, 1974 N.Y. App. Div. LEXIS 5417

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

DecidedMarch 21, 1974

StatusPublished

Cited by1 cases

This text of 44 A.D.2d 540 (People v. Jackson) 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. Jackson, 44 A.D.2d 540, 353 N.Y.S.2d 465, 1974 N.Y. App. Div. LEXIS 5417 (N.Y. Ct. App. 1974).

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Opinion

Appeal from a judgment of the Supreme Court, Bronx County, rendered December 20, 1972, convicting defendant after a jury trial of attempted robbery, second degree, and possession of a weapon and sentencing defendant to a term of imprisonment of two to seven years, unanimously dismissed. After this appeal was placed on the calendar, this court was informed that the defendant, who had been transferred to the Correctional Facility at Napanoch, New York, on April 24,1973, was released on an unescorted furlough on January 8, 1974; and that although defendant was due to return to the facility on January 14, 1974, he had not done so and was still at large. Where a defendant who seeks review of a conviction escapes from the restraints placed upon him pursuant to the conviction, and thus is not available to obey the mandate of the court in the event of an affirmance, the appeal must be dismissed. (People v. Casiel, 33 N Y 2d 791; People v. Howe, 32 N Y 2d 766; People v. Sullivan, 28 N Y 2d 900; People v. Del Rio, 14 N Y 2d 165.) We have in any event examined into the merits of the appeal, and were the appeal not being dismissed, we would affirm the judgment. (See Matter of Grady, 37 A D 2d 955.) Concur — MeGivern, P. J., Markewich, Murphy and Tilzer, JJ.

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Appeal from a judgment of the Supreme Court, Bronx County, rendered December 20, 1972, convicting defendant after a jury trial of attempted robbery, second degree, and possession of a weapon and sentencing defendant to a term of imprisonment of two to seven years, unanimously dismissed. After this appeal was placed on the calendar, this court was informed that the defendant, who had been transferred to the Correctional Facility at Napanoch, New York, on April 24,1973, was released on an unescorted furlough on January 8, 1974; and that although defendant was due to return to the facility on January 14, 1974, he had not done so and was still at large. Where a defendant who seeks review of a conviction escapes from the restraints placed upon him pursuant to the conviction, and thus is not available to obey the mandate of the court in the event of an affirmance, the appeal must be dismissed. (People v. Casiel, 33 N Y 2d 791; People v. Howe, 32 N Y 2d 766; People v. Sullivan, 28 N Y 2d 900; People v. Del Rio, 14 N Y 2d 165.) We have in any event examined into the merits of the appeal, and were the appeal not being dismissed, we would affirm the judgment. (See Matter of Grady, 37 A D 2d 955.) Concur — MeGivern, P. J., Markewich, Murphy and Tilzer, JJ.

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Bluebook (online)

44 A.D.2d 540, 353 N.Y.S.2d 465, 1974 N.Y. App. Div. LEXIS 5417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jackson-nyappdiv-1974.

Opinion

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