People v Abue

People v Abue 2009 NY Slip Op 09998 [68 AD3d 1542] December 31, 2009 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

The People of the State of New York, Respondent, v Teddy O. Abue, Appellant.

—[*1] Ralph Cherchian, Albany, for appellant.

Gwen Wilkinson, District Attorney, Ithaca (Daniel Johnson of counsel), for respondent.

Garry, J. Appeal from a judgment of the County Court of Tompkins County (Sherman, J.), rendered November 19, 2007, upon a verdict convicting defendant of the crime of criminal possession of stolen property in the fourth degree.

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 NY3d 831, 832 [2006]; People v McFee, 61 AD3d 1000, 1000 [2009], lv denied 13 NY3d 798 [2009]).

Mercure, J.P., Kavanagh, Stein and McCarthy, JJ., concur. Ordered that the appeal is dismissed, without prejudice to a motion to reinstate the appeal should defendant return to this Court's jurisdiction.