| People v Simmons, Donnell |
| Motion No: 2010-02155 |
| Slip Opinion No: 2011 NY Slip Op 77005(U) |
| Decided on June 29, 2011 |
| 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
M122005
E/ct
MARK C. DILLON, J.P.
RANDALL T. ENG
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2010-02155, 2010-02158 The People, etc., respondent, v Donnell Simmons, appellant. (Ind. Nos. 3418/01, 6433/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from two orders of the Supreme Court, King County, both dated February 11, 2010, issued pursuant to CPL 440.46(5)(a), on the ground that the appellant has absconded from parole supervision.
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, without costs or disbursements, on the ground that the appellant has absconded from parole supervision (cf. People v Taveras, 10 NY3d 227; People v Diaz, 7 NY3d 831; People v Smith, 44 NY2d 613).
DILLON, J.P., ENG, SGROI and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court