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

This motion is uncorrected and is not subject to publication in the Official Reports.

Supreme Court of the State of New York

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