People v. Howe — 256 A.D.2d 476

Majority

p. 476

The People of the State of New York, Respondent, v Timothy Howe, Appellant.

[683 NYS2d 430]

—Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Meyer, J.), imposed February 6, 1997.

Ordered that the appeal is dismissed.

The defendant has absconded and therefore is unavailable to obey the mandate of the court in the event of an affirmance (see, People v Howe, 32 NY2d 766 , 767). Mangano, P. J., Rosenblatt, Thompson, Joy and Goldstein, JJ., concur.

Cases cited

People v. Howe 32 NY2d 766 N.Y. 1973-04-26 at 767 p. 476