People v. Marcos, 37 N.Y.3d 831 (2021)

An appeal may be dismissed when a defendant is unavailable to obey the mandate of the court, even if the unavailability is due to involuntary deportation, but such dismissal should be without prejudice to reinstatement of the appeal upon the defendant’s return to the court’s jurisdiction.

Summary

The New York Court of Appeals dismissed the defendant’s appeal without prejudice because he had been involuntarily deported and was therefore unavailable to comply with any potential court mandate. While deportation did not automatically require dismissal, the court found the situation analogous to mootness. Exercising its discretion, the Court dismissed the appeal, allowing the defendant to seek reinstatement if he returned to the court’s jurisdiction, ensuring the appeal could be properly adjudicated if the defendant became subject to the court’s power again.

Facts

The defendant was convicted of a crime and appealed the conviction. While the appeal was pending, the defendant was involuntarily deported from the United States.

Procedural History

The case reached the New York Court of Appeals after the defendant’s conviction and subsequent deportation. The Court of Appeals considered whether it could properly adjudicate the appeal given the defendant’s absence from the jurisdiction.

Issue(s)

Whether the appeal of a defendant who has been involuntarily deported should be dismissed because the defendant is unavailable to obey the mandate of the court.

Holding

Yes, because although involuntary deportation does not mandate dismissal, it creates a situation analogous to mootness, and the court has discretion to dismiss the appeal without prejudice to reinstatement upon the defendant’s return to the court’s jurisdiction.

Court’s Reasoning

The Court relied on the principle that criminal proceedings require the defendant to be under the court’s control, as stated in People v. Genet, 59 N.Y. 80, 81 (1874), stating that “[t]he whole theory of criminal proceedings is based upon the idea of the defendant being in the power, and under the control of the court, in his person.” Citing precedent where appeals were dismissed when a defendant absconded (People v. Smith, 44 N.Y.2d 613 (1978); People v. Parmaklidis, 38 N.Y.2d 1005 (1976)) or voluntarily left the jurisdiction (People v. Del Rio, 14 N.Y.2d 165 (1964)), the Court found that while involuntary deportation was different, the defendant’s unavailability to obey the court’s mandate presented a similar issue of mootness. The court emphasized it was exercising its discretion and dismissed the appeal without prejudice, ensuring that the defendant could seek reinstatement if he returned to the Court’s jurisdiction, aligning with the precedent set in People v. Sullivan, 28 N.Y.2d 900, 901 (1971) and People v. Sullivan, 28 N.Y.2d 992 (1971), where appeals were dismissed when the appellant was “not presently available to obey the mandate of the court in the event of an affirmance,” but reinstated upon the defendant’s return to custody. The court reasoned that this approach balanced the defendant’s right to appeal with the court’s need to have effective control over the parties before it.