Summary
dismissing appeal by fugitive criminal defendant "upon the ground that [he] is not presently available to obey the mandate of the court in the event of an affirmance
Summary of this case from Cabrera v. AnnettsOpinion
Submitted January 12, 1976
Decided February 17, 1976
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ANDREW R. TYLER, J.
Robert M. Morgenthau, District Attorney, for motion.
John Nicholas Iannuzzi opposed.
Motion granted and appeal dismissed upon the ground that appellant is not presently available to obey the mandate of the court in the event of an affirmance (see People v Genet, 59 N.Y. 80; People v Del Rio, 14 N.Y.2d 165; People v Sullivan, 28 N.Y.2d 900).