| People v Sevencan |
| 2011 NY Slip Op 06360 [87 AD3d 710] |
| August 23, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v SalihSevencan, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Phyllis Mintz ofcounsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Guzman,J.), imposed July 2, 2009, as amended July 10, 2009, pursuant to the Drug Law Reform Act of2004 (L 2004, ch 738), upon his conviction of criminal sale of a controlled substance in the firstdegree (three counts), upon a jury verdict. Motion by the People to dismiss the appeal on theground that the appellant has been deported and is no longer available to obey the mandate of thisCourt.
Upon the papers submitted in support of the motion and the papers submitted in relationthereto, it is
Ordered that the motion is granted; and it is further,
Ordered that the appeal is dismissed.
Since the appellant has been deported and is no longer available to obey the mandate of thisCourt, the appeal must be dismissed (seePeople v Diaz, 7 NY3d 831 [2006]; People v Hutchings, 40 NY2d 836[1976]; People v Smith, 115 AD2d 625 [1985]; People v Davis, 87 AD2d 578[1982]). Mastro, J.P., Skelos, Balkin and Roman, JJ., concur.