From Casetext: Smarter Legal Research

People v. Reyes

Appellate Division of the Supreme Court of New York, First Department
Mar 21, 2002
292 A.D.2d 271 (N.Y. App. Div. 2002)

Opinion

546

March 21, 2002.

Appeal from judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered April 11, 1997, convicting defendant, after a jury trial, of robbery in the first degree and assault in the first degree, and sentencing him to concurrent terms of 2 to 6 years and 1½ to 4½ years, unanimously dismissed.

RAFFAELINA GIANFRANCESO, for respondent.

ROBIN NICHINSKY, for defendant-appellant.

Before: Tom, J.P., Mazzarelli, Rosenberger, Wallach, Marlow, JJ.


Since defendant has been deported, he is not presently available to obey the mandate of the court in the event of an affirmance (see, People v. Bacon, 46 N.Y.2d 1073; People v. Del Rio, 14 N.Y.2d 165, cert denied 379 U.S. 939). Accordingly, his appeal is dismissed. The enlarged record sufficiently establishes that defendant agreed to be deported. In any event, regardless of whether defendant was "voluntarily" or "involuntarily" deported, it is clear that he has become unavailable as a consequence of his voluntary misconduct, which consisted of remaining in the United States for four years on a three-month visa. Were we to decide the appeal, we would find that the verdict was based on legally sufficient evidence and was not against the weight of the evidence, and that the prosecutor's summation did not deprive defendant of a fair trial.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Reyes

Appellate Division of the Supreme Court of New York, First Department
Mar 21, 2002
292 A.D.2d 271 (N.Y. App. Div. 2002)
Case details for

People v. Reyes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. GILBERTO REYES…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 21, 2002

Citations

292 A.D.2d 271 (N.Y. App. Div. 2002)
738 N.Y.S.2d 850

Citing Cases

People v. Hidalgo

In response, defendant argues that because he did not voluntarily agree to absent himself from the…

People v. Soriano

Before: Nardelli, J.P., Tom, Andrias, Saxe, Marlow, JJ. Since defendant has been deported, he is not…