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PEOPLE v. ZAPKA

xxx.

72 Misc.3d 280 (2021)

146 N.Y.S.3d 899

2021 NY Slip Op 21112

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JUSTIN ZAPKA, Defendant.

Justice Court of the Town of Penfield, Monroe County.

Decided April 26, 2021.

Attorney(s) appearing for the Case

Andrew Morabito for defendant.

Sandra J. Doorley , District Attorney ( Derek Harnsberger of counsel), for plaintiff.

OPINION OF THE COURT

The fugitive disentitlement doctrine authorizes an appellate court to dismiss the direct appeal of a defendant who is a fugitive from justice. The question presented is whether the doctrine authorizes a trial-level court to summarily deny a CPL article 440 motion filed on behalf of a fugitive...

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