| People v Jimenez, Ascencion |
| Motion No: 2012-10239 |
| Slip Opinion No: 2013 NY Slip Op 65676(U) |
| Decided on February 26, 2013 |
| 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
M152043
T/sl
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
SHERI S. ROMAN
SYLVIA HINDS-RADIX, JJ.
|
2012-10239 The People, etc., respondent, v Ascencion Jimenez, appellant. (S.C.I. No. 11-01059)
| DECISION & ORDER ON MOTION |
Renewed motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, rendered September 24, 2012, 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 no papers having been filed in opposition or 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).
BALKIN, J.P., CHAMBERS, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court