Opinion
November 23, 1999
Appeal from judgment, Supreme Court, New York County (Renee White, J.), rendered October 15, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of 4 to 12 years, unanimously dismissed, upon the ground that appellant, having absconded, is not presently available to obey the mandate of the Court (see,People v. Johnson, 191 A.D.2d 279, lv dismissed 81 N.Y.2d 1074). Were we not dismissing the appeal, we would find no abuse of sentencing discretion.
Michael S. Morgan for respondent.
Nancy Chadrjian for defendant-appellant.
Ellerin, P.J., Rosenberger, Tom, Andrias, Buckley, JJ.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.