Legal Opinion

People v. Rodriguez

Appellate Division of the Supreme Court of the State of New York

Decided November 24, 2009PublishedCited by 19 opinions

1Opinion of the Court

Appeal from order, Supreme Court, New York County (Eduardo Padro, J.), entered on or about October 9, 2007, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (SORA) (Correction Law art 6-C), unanimously dismissed, without costs.

Since defendant, having absconded from parole supervision, is not presently available to obey the mandate of the court, he has forfeited his right to appeal (see e.g. People v Law, 12 AD3d 192 [2004]). Although a SORA appeal is a civil appeal, this principle is similarly applicable (see e.g. Wechsler v Wechsler, 45…

2Cases cited2 opinions

  1. Wechsler v. WechslerAppellate Division of the Supreme Court of the State of New York · 2007
  2. People v. LawAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by19 opinions

  1. People v. EdwardsAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. OgataAppellate Division of the Supreme Court of the State of New York · 2015
  3. People v. MelendezAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. McNeelyAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. MeadersAppellate Division of the Supreme Court of the State of New York · 2017

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