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PEOPLE v. ABUE

101982

68 A.D.3d 1542 (2009)

2009 NY Slip Op 9998

890 N.Y.S.2d 832

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TEDDY O. ABUE, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided December 31, 2009.

Garry, J.

During the pendency of the appeal, defendant was physically deported. While his counsel urges that the matter proceed for a determination of the merits, it is more appropriate to dismiss the appeal without prejudice to a motion by defendant for reinstatement of the appeal should he return to this Court's jurisdiction (see People v Diaz, 7 N.Y.3d 831, 832 [2006]; People v McFee, 61 A.D.3d...

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