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People v. Jones

245 A.D.2d 1144 Court N.Y. App. Div. Decision date 1997-12-31 English

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p. 1144
People, Respondent, v William Jones, Appellant.
[666 NYS2d 529]

—Motion to dismiss appeal granted; motion to vacate order staying execution of judgment of conviction denied as unnecessary; motion for order of forfeiture denied. Memorandum: Defendant’s appeal is dismissed because it was not timely perfected (see, 22 NYCRR 1000.13 [e]). Alternatively, the ap

p. 1145
peal must be dismissed because defendant “is not presently available to obey the mandate of [this Court] in the event of an affirmance” (People v Hill, 50 NY2d 894 , mot to vacate denied 55 NY2d 800 , rearg denied 55 NY2d 975 ). Present—Pine, J. P., Lawton, Callahan, Balio and Fallon, JJ.