The order of this court dated October 29, 1991, denying the People's motion to dismiss the appeal is vacated.
Defendant, who absconded, was sentenced, in absentia, to an enhanced promised sentence of 5 to 15 years. Sentence was executed on May 3, 1989, the defendant having been returned on a bench warrant.
Defendant sought to file a late notice of appeal May 19, 1989 from the December 13, 1985 judgment. Pursuant to CPL 460.30, the time within which to move...
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