Majority
p. 828The People of the State of New York, Respondent, v Joseph Burger, Appellant. Submitted October 12, 1987; decided November 12, 1987
Motion by the People to dismiss appeal granted and appeal dismissed upon the ground that defendant is not presently available to obey the mandate of the Court of Appeals in the event of an affirmance (see, Matter of Robert E., 68 NY2d 980 ; People ex rel. Martinez v Walters, 63 NY2d 727 ; People v Casiel, 33 NY2d 791 ; People v Sullivan, 28 NY2d 900 ; People v Del Rio, 14 NY2d 165 ; People v Genet, 59 NY 80 ).
Judge Titone taking no part.
Cases cited
- People ex rel. Martinez v. Walters 63 NY2d 727 p. 828
- People v. Casiel 33 NY2d 791 p. 828
- People v. Del Rio 14 NY2d 165 p. 828
- People v. Genet 59 NY 80 p. 828