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People v. McFee

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 2009
61 A.D.3d 1000 (N.Y. App. Div. 2009)

Opinion

No. 2007-01135.

April 28, 2009.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Aloise, J.), rendered January 10, 2007, convicting him of criminal possession of a weapon in the third degree and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

Steven Banks, New York, N.Y. (David Crow of counsel), and Willkie Farr Gallagher, LLP, New York, N.Y. (Benjamin P. McCallen, Martin B. Klotz, Mei Lin Kwan-Gett, and Brian R. Faerstein of counsel), for appellant (one brief filed).

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Rebecca Height of counsel), for respondent.

Before: Skelos, J.P., Santucci, Dickerson and Eng, JJ.


Ordered that the appeal is dismissed, without prejudice to a motion to reinstate the appeal should the defendant return to this Court's jurisdiction.

The defendant has been deported. Accordingly the appeal must be dismissed, without prejudice to a motion to reinstate the appeal should the defendant return to this Court's jurisdiction ( see People v Mark, 8 NY3d 907; People v Hernandez, 8 NY3d 906; People v Diaz, 7 NY3d 831; People v Wright, 27'4 AD2d 599 [2000]; People v Malbranche, 268 AD2d 488; People v Forde, 182 AD2d 830).


Summaries of

People v. McFee

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 2009
61 A.D.3d 1000 (N.Y. App. Div. 2009)
Case details for

People v. McFee

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAURICE McFEE…

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

Date published: Apr 28, 2009

Citations

61 A.D.3d 1000 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 3546
876 N.Y.S.2d 904

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