People v Mendoza, Glenn
Motion No: 2006-04055
Slip Opinion No: 2009 NYSlipOp 61045(U)
Decided on January 16, 2009
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M81223

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2006-04055, 2008-07523

The People, etc., respondent,

v Glenn Mendoza, appellant.

(Ind. No. 1683/01)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from a resentence of the Supreme Court, Queens County, imposed April 3, 2006 (Appellate Division Docket No. 2006-04055) and a judgment of the same court rendered September 18, 2002 (Appellate Division Docket No. 2008-07523), to dismiss the appeal from the judgment rendered September 18, 2002, on the ground that the appellant abandoned that appeal when he absconded in 2002.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied without prejudice to the respondent raising the issue in its brief.

RIVERA, J.P., MILLER, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court