People v. Jones

Full title: PEOPLE, Respondent, v. WILLIAM JONES, Appellant

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 31, 1997

245 A.D.2d 1144 (N.Y. App. Div. 1997)

666 N.Y.S.2d 529

Opinion

December 31, 1997

Present — Pine, J. P., Lawton, Callahan, Balio and Fallon, JJ.

Motion to dismiss appeal granted; motion to vacate order staying execution of judgment of conviction denied as unnecessary; motion for order of forfeiture denied. Memorandum: Defendant's appeal is dismissed because it was not timely perfected ( see, 22 NYCRR 1000.13 [e]). Alternatively, the appeal must be dismissed because defendant "is not presently available to obey the mandate of [this Court] in the event of an affirmance" ( People v. Hill, 50 N.Y.2d 894, mot to vacate denied 55 N.Y.2d 800, rearg denied 55 N.Y.2d 975).