People v Ramirez, Edwin
Motion No: 2010-04868
Slip Opinion No: 2010 NY Slip Op 76955(U)
Decided on July 14, 2010
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

M105331

E/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2010-04868

The People, etc., respondent,

v Edwin Ramirez, appellant.

(S.C.I. No. 08-01642)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from a judgment of the County Court, Westchester County, rendered March 25, 2010, 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 Taveras, 10 NY3d 227; People v Diaz, 7 NY3d 831; People v Smith, 44 NY2d 613).

SANTUCCI, J.P., MILLER, LEVENTHAL and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court