People v. Headley

Decision Date08 September 1988
Citation532 N.Y.S.2d 841,72 N.Y.2d 931
Parties, 529 N.E.2d 171 The PEOPLE of the State of New York, Respondent, v. Michael HEADLEY, Appellant.
CourtNew York Court of Appeals Court of Appeals

Reported below: 134 A.D.2d 519, 521 N.Y.S.2d 103.

On the Court's own motion, appeal dismissed upon the ground that defendant is not presently available to obey the mandate of the Court of Appeals in the event of an affirmance (see, People v. Jiminez, 71 N.Y.2d 963, 529 N.Y.S.2d 74, 524 N.E.2d 428;People v. Burger, 70 N.Y.2d 828, 523 N.Y.S.2d 489, 518 N.E.2d 1;Matter of Robert E., 68 N.Y.2d 980, 510 N.Y.S.2d 563, 503 N.E.2d 119;People v. Sullivan, 28 N.Y.2d 900, 322 N.Y.S.2d 730, 271 N.E.2d 561;People v. Del Rio, 14 N.Y.2d 165, 250 N.Y.S.2d 257, 199 N.E.2d 359;People v. Genet, 59 N.Y. 80).Motion for assignment of counsel dismissed as academic.

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6 cases
  • People v. Battles
    • United States
    • New York Supreme Court — Appellate Division
    • 30 Mayo 1989
    ...134 A.D.2d 519, 520, 521 N.Y.S.2d 103, lv. granted 72 N.Y.2d 861, 532 N.Y.S.2d 511, 528 N.E.2d 901, appeal dismissed 72 N.Y.2d 931, 532 N.Y.S.2d 841, 529 N.E.2d 171), even where the delay is lengthy (see, People v. Headley, supra; People v. Brazeau, 144 A.D.2d 977, 534 N.Y.S.2d 634; People ......
  • People v. Reyes
    • United States
    • New York Supreme Court — Appellate Division
    • 17 Octubre 1995
    ...defendant, so as to avoid losing jurisdiction (People v. Headley, 134 A.D.2d 519, 521 N.Y.S.2d 103, appeal dismissed 72 N.Y.2d 931, 532 N.Y.S.2d 841, 529 N.E.2d 171); and that "... a delay--even a lengthy one--that is brought about solely by a defendant's flight will not divest the court of......
  • People v. Graham, 2007 NY Slip Op 31411(U) (N.Y. Sup. Ct. 4/30/2007), 0005846/1997.
    • United States
    • New York Supreme Court
    • 30 Abril 2007
    ...apprehend an absconding defendant (see People v. Headley, 134 A.D.2d 519 [2nd Dept 1987] Iv. granted 72 N.Y.2d 861, appeal dismissed 72 N.Y.2d 931 [1988]; cf. People v. Monaghan, 34 A.D.2d 815 [2nd Dept 1970] [finding that, when the District Attorney's office knew the defendant was incarcer......
  • People v. Gilbert
    • United States
    • New York Supreme Court — Appellate Division
    • 5 Noviembre 2015
    ...519, 521 N.Y.S.2d 103 [1987], lv. granted 72 N.Y.2d 861, 532 N.Y.S.2d 511, 528 N.E.2d 901 [1988], appeal dismissed 72 N.Y.2d 931, 532 N.Y.S.2d 841, 529 N.E.2d 171 [1988] ). Thus, were we to consider the claim, we would find no violation of CPL 380.30.ORDERED that the judgment is affirmed.Mc......
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