PEOPLE v. ALBA (2026)

Court of Appeals of New York.

The PEOPLE & c., Respondent, v. Darling ALBA, Appellant.

No. 12

Decided: February 11, 2026

Mark W. Zeno, New York, for appellant. David Gagne, for respondent.

MEMORANDUM

The appeal should be dismissed without prejudice.

Defendant has been involuntarily removed from the United States due to convictions unrelated to the present appeal. We have discretionary authority to dismiss defendant's appeal due to such removal (see People v. Diaz, 7 N.Y.3d 831, 832, 823 N.Y.S.2d 752, 857 N.E.2d 47 [2006]; see also People v. Ventura, 17 N.Y.3d 675, 680, 934 N.Y.S.2d 756, 958 N.E.2d 884 [2011]; People v. Harrison, 27 N.Y.3d 281, 288, 32 N.Y.S.3d 560, 52 N.E.3d 223 [2016] ). Defendant's appeal is dismissed without prejudice to defendant moving to reinstate the appeal should he return to this Court's jurisdiction.

Appeal dismissed without prejudice, in a memorandum.

Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro, Troutman and Halligan concur.

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