| People v Johnson, James |
| Motion No: 2008-11276 |
| Slip Opinion No: 2009 NYSlipOp 62723(U) |
| Decided on February 3, 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. |
Appellate Division: Second Judicial Department
M81948
E/sl
STEVEN W. FISHER, J.P.
MARK C. DILLON
DANIEL D. ANGIOLILLO
ARIEL E. BELEN, JJ.
|
2008-11276 The People, etc., respondent, v James Johnson, appellant. (S.C.I. No. 422-08)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Queens County, rendered November 19, 1996, on the ground that the appellant has absconded and is no longer available to comply with the mandate of the court.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, on the ground that the appellant has absconded and is no longer available to comply with the mandate of the court (see People v People v Taveras, 10 NY3d 227; People v Diaz, 7 NY3d 831; People v Smith, 44 NY2d 613).
FISHER, J.P., DILLON, ANGIOLILLO and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court