| People v De Los Dios |
| 2016 NY Slip Op 06444 [143 AD3d 419] |
| October 4, 2016 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Jose De Los Dios, 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.
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 Taveras, 10 NY3d 227 [2008]; People v Law, 12 AD3d 192 [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. Concur—Friedman, J.P., Saxe, Moskowitz, Gische and Kahn, JJ. [Prior Case History: 43 Misc 3d 1228(A), 2014 NY Slip Op 50829(U).]