PEOPLE v. FRIAS


25 A.D.3d 384 (2006)

806 N.Y.S.2d 869

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERNIE FRIAS, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

January 10, 2006.


Since defendant has been deported, he is not presently available to obey the mandate of the court in the event of affirmance (see e.g. People v Llama, 19 A.D.3d 170 [2005]). Accordingly, his appeal is dismissed. Were we not dismissing the appeal, we would find that the verdict was based on legally sufficient evidence and was not against the weight of...

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