Opinion
10-04-2016
The PEOPLE of the State of New York, Respondent, v. Jose DE LOS DIOS, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Shera Knight of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Shera Knight of counsel), for respondent.
Appeal from order, Supreme Court, Bronx County (Dominic R. Massaro, J.), entered May 27, 2014, which denied defendant's CPL 440.46 motion for resentencing, unanimously dismissed.
The appeal is dismissed pursuant to the fugitive disentitlement doctrine because defendant absconded from parole supervision while his appeal was pending and has not returned (see People v. Tavares, 10 N.Y.3d 227, 855 N.Y.S.2d 417, 885 N.E.2d 181 [2008] ; People v. Law, 12 A.D.3d 192, 783 N.Y.S.2d 812 [1st Dept.2004] ). Were we not dismissing the appeal, we would affirm, finding that the court properly exercised its discretion in determining that substantial justice dictated the denial of defendant's motion.
FRIEDMAN, J.P., SAXE, MOSKOWITZ, GISCHE, KAHN, JJ., concur.