People v. Diaz

OPINION OF THE COURT

Memorandum.

The appeal should be dismissed without prejudice. As stated in People v Genet (59 NY 80, 81 [1874]), “[t]he whole theory of *832criminal proceedings is based upon the idea of the defendant being in the power, and under the control of the court, in his person.” Thus, this Court has consistently dismissed appeals where a defendant has absconded (see People v Smith, 44 NY2d 613 [1978]; People v Parmaklidis, 38 NY2d 1005 [1976]). Moreover, in People v Del Rio (14 NY2d 165 [1964]), we dismissed defendant’s appeal when he voluntarily absented himself from this Court’s…