People ex rel. Warren v. Smith — 54 A.D.2d 820

Majority

p. 820

The People of the State of New York ex rel. Charles B. Warren, Appellant, v Harold J. Smith, as Superintendent of the Attica Correctional Facility, Respondent.

Appeal unanimously dismissed on the ground that since appellant has absconded, his appeal may not be heard (People v Del Rio, 14 NY2d 165 ; see People v Parmaklidis, 38 NY2d 1005 ). (Appeal from judgment of Wyoming County Court&emdash;habeas corpus.) Present&emdash;Marsh, P. J., Moule, Cardamone, Simons and Goldman, JJ.

Cases cited

People v. Del Rio 14 NY2d 165 N.Y. 1964-04-30 p. 820
People v. Parmaklidis 38 NY2d 1005 N.Y. 1976-03-30 p. 820