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People v. Abue

State of New York Supreme Court, Appellate Division Third Judicial Department


December 31, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
TEDDY O. ABUE, APPELLANT.

The opinion of the court was delivered by: Garry, J.

MEMORANDUM AND ORDER

Calendar Date: October 20, 2009

Before: Mercure, J.P., Kavanagh, Stein, McCarthy and Garry, JJ.

Appeal from a judgment of the County Court of Tompkins County (Sherman, J.), rendered November 19, 2007, upon a verdict convicting defendant of the crime of criminal possession of stolen property in the fourth degree.

During the pendency of the appeal, defendant was physically deported. While his counsel urges that the matter proceed for a determination of the merits, it is more appropriate to dismiss the appeal without prejudice to a motion by defendant for reinstatement of the appeal should he return to this Court's jurisdiction (see People v Diaz, 7 NY3d 831, 832 [2006]; People v McFee, 61 AD3d 1000, 1000 [2009], lv denied 13 NY3d 798 [2009]).

Mercure, J.P., Kavanagh, Stein and McCarthy, JJ., concur.

ORDERED that the appeal is dismissed, without prejudice to a motion to reinstate the appeal should defendant return to this Court's jurisdiction.

20091231

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