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PEOPLE v. CALIX

Ind. No. 1405/04. Appeal No. 13044. Case No. 2019-2908.

191 A.D.3d 442 (2021)

137 N.Y.S.3d 710

2021 NY Slip Op 00635

The People of the State of New York, Respondent, v. Filberto Calix, Appellant.

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

Decided February 4, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Arthur H. Hopkirk of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Robert L. Myers of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Singh, Kennedy, Mendez, JJ.

Initially, we reject the People's argument that the appeal should be dismissed on the ground that defendant has been deported. This is a civil appeal as of right, and a "civil appellant's physical location is not normally a reason to dismiss an appeal" (People v Edwards, 117 A.D.3d 418, 418 [1st Dept 2014]).

Defendant challenges two point assessments, either of which, when added...

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