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People v. Burger

Citations: 70 N.Y.2d 828; 523 N.Y.S.2d 489; 518 N.E.2d 1; 1987 N.Y. LEXIS 19049

Court: New York Court of Appeals; November 11, 1987; New York; State Supreme Court

Narrative Opinion Summary

The motion by the People to dismiss the appeal has been granted, resulting in the dismissal of the appeal. The dismissal is based on the finding that the defendant is currently unavailable to comply with the Court of Appeals' mandate in the event of an affirmance. Relevant case law cited includes Matter of Robert E., People ex rel. Martinez v Walters, People v Casiel, People v Sullivan, People v Del Rio, and People v Genet. Judge Titone did not participate in the decision.

Legal Issues Addressed

Dismissal of Appeal Due to Unavailability of Defendant

Application: The court dismissed the appeal because the defendant is currently unavailable, making it impossible for them to comply with the Court of Appeals' mandate if affirmed.

Reasoning: The motion by the People to dismiss the appeal has been granted, resulting in the dismissal of the appeal. The dismissal is based on the finding that the defendant is currently unavailable to comply with the Court of Appeals' mandate in the event of an affirmance.

Judicial Participation in Decision

Application: Judge Titone did not participate in the decision regarding the dismissal of the appeal.

Reasoning: Judge Titone did not participate in the decision.