Criminal Law · MBE-tested
In the Matter of The People of the State of New York, by Robert Abrams, as Attorney-General of the State of New York, Respondent, v. Walter G. Cook, Also Known as Walter J. Cook, Jr., et al., Appellants, and Norman H. Kaye, Respondent
115 A.D.2d 347·New York Supreme Court, Appellate Division·1985·NY
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Opinion
In the Matter of The People of the State of New York, by Robert Abrams, as Attorney-General of the State of New York, Respondent, v Walter G. Cook, Also Known as Walter J. Cook, Jr., et al., Appellants, and Norman H. Kaye, Respondent.
(Appeal No. 1.)
[MAJORITY]
Appeal unanimously dismissed, without costs. Memorandum: It is uncontroverted that respondent was released on bail after his arrest on May 5, 1985, and was required to appear in court on May 8, 1985. He has remained a fugitive since that time. We decline to consider his appeal since there is no indication that he would comply with whatever order we might make (see, Smith v United States, 94 US 97; see also, People ex rel. Martinez v Walters, 63 NY2d 727). (Appeal from order of Supreme Court, Cayuga County, Corning, J.—criminal contempt.) Present—Doerr, J. P., Boomer, O’Donnell, Pine and Schnepp, JJ.