People v. Sullivan

• Decision Date: 12 May 1971
• Citation: People v. Sullivan, 322 N.Y.S.2d 730, 28 N.Y.2d 900, 271 N.E.2d 561 (N.Y. 1971)
• Parties: , 271 N.E.2d 561 PEOPLE, etc., Respondent, v. Joseph J. SULLIVAN, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 730

322 N.Y.S.2d 730

28 N.Y.2d 900, 271 N.E.2d 561

PEOPLE, etc., Respondent, v.Joseph J. SULLIVAN, Appellant.

Court of Appeals of New York.

May 12, 1971.

The Supreme Court, Appellate Division, Second Department, 32 A.D.2d 1042, 303 N.Y.S.2d 1012.

Edward J. Boyle, New York City, for defendant-appellant.

Thomas J. Mackell, Kew Gardens (Cornelius J. O'Brien, Maspeth, of counsel), for respondent.

By a judgment of the Supreme Court, Queens County, Edward Thompson, J., rendered after a jury trial, that defendant was convicted of the crime of manslaughter in the second degree and he appealed.

The Appellate Division affirmed and the defendant appealed pursuant to permission.

Appeal dismissed upon the ground that appellant is not presently available to obey the mandate of the Court in the event of an affirmance.(SeePeople v. Genet, 59 N.Y. 80, andPeople v. Del Rio, 14 N.Y.2d 165, 250 N.Y.S.2d 257, 199 N.E.2d 359).