Opinion
16296 Ind. No. 1468/02 Case No. 2018–2389
09-29-2022
The PEOPLE of the State of New York, Respondent, v. Raul GONZALEZ, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Alma D. Gonzalez of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Emily A. Aldridge of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Alma D. Gonzalez of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Emily A. Aldridge of counsel), for respondent.
Acosta, P.J., Mazzarelli, Gesmer, Gonza´lez, Pitt, JJ.
Appeal from order, Supreme Court, Bronx County (Denis J. Boyle, J.), entered on or about March 16, 2018, which denied defendant's CPL 440.10 motion to vacate a judgment of conviction rendered October 31, 2002, unanimously dismissed.
We exercise our discretion to dismiss this permissive appeal on the ground that defendant has been deported (see People v. Harrison, 27 N.Y.3d 281, 288, 32 N.Y.S.3d 560, 52 N.E.3d 223 [2016] ; People v. McDonald, 169 A.D.3d 442, 91 N.Y.S.3d 882 [1st Dept. 2019] ; People v. Medina, 142 A.D.3d 799, 37 N.Y.S.3d 204 [1st Dept. 2016] ). Among other things, we note that this is a 20–year–old case in which defendant absconded, fled to another country, and was tried and sentenced in absentia. In any event, we also find that the motion court correctly denied defendant's motion on the merits.