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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANKLIN FLEMMING, Appellant.

Appeal dismissed.

Defendant has been released on parole. His counsel has been unable to contact him and has advised this court that defendant's parole officer has been unable to locate him. As defendant has absconded, his appeal should be dismissed ( People v Smith, 44 N.Y.2d 613, 617; People v Del Rio, 13 N.Y.2d 899; People v Jimenez, 97 A.D.2d 799). Titone, J.P., Lazer, Bracken and Boyers, JJ., concur.

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PEOPLE v. FLEMMING
(Oct 26, 1984)