| People v Ventura, Carlos |
| Motion No: 2006-08325 |
| Slip Opinion No: 2009 NY Slip Op 82726(U) |
| Decided on September 10, 2009 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M91510
E/sl
ROBERT A. SPOLZINO, J.P.
FRED T. SANTUCCI
RANDALL T. ENG
ARIEL E. BELEN, JJ.
|
2006-08325 The People, etc., respondent, v Carlos Ventura, appellant. (Ind. No. 2302/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent pro se to dismiss an appeal from a judgment of the Supreme Court, Queens County, rendered July 31, 2006, on the ground that the appellant has been deported and is no longer available to obey the mandate of the court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appeal is dismissed on the ground that the appellant has been deported and is no longer available to obey the mandate of the court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578).
SPOLZINO, J.P., SANTUCCI, ENG and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court