Opinion
May 3, 1990
Appeal from a judgment, Supreme Court, New York County (Stanley Sklar, J.), rendered January 10, 1986, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree (two counts) and criminal possession of a controlled substance in the seventh degree and sentencing him, as a predicate violent felon, to concurrent terms of from 3 1/2 to 7 years' imprisonment and one year, respectively, which was held in abeyance and remanded for a Mapp hearing upon remittitur ( 73 N.Y.2d 666 [revg 137 A.D.2d 1]), is unanimously dismissed on the ground that defendant has absconded and is thus unable to obey the mandate of the court. (See, People v. Hutchings, 40 N.Y.2d 836; People v. White, 49 A.D.2d 719; People v. Ramos, 133 A.D.2d 589.)
Concur — Murphy, P.J., Ross, Carro, Kassal and Ellerin, JJ.