Appellate Division: Second Judicial Department

M36116

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2004-10073, 2004-10462 The People, etc., respondent, v Manuel Inga, appellant. (Queens County Ind. No. 3327/02) (Kings County Ind. No. 4375/04)

ORDER TO SHOW CAUSE

Motions by the attorney assigned to represent the appellant on appeals from a judgment of the Supreme Court, Queens County, rendered October 27, 2004, under Indictment No. 3327/02, and a judgment of the Supreme Court, Kings County, rendered October 21, 2004, under Indictment No. 4375/04, inter alia, to be relieved on the ground that the appellant has been deported.

Upon the papers filed in support of the motions and the papers filed in relation thereto, it is

ORDERED that on the court's own motion the appellant is directed to show cause before this court why an order should or should not be made and entered dismissing the appeals on the ground that the appellant is no longer available to obey the mandate of this court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578) by filing an affidavit on that issue in the office of the Clerk of this court on or before March 17, 2006; and it is further,

ORDERED that the motion by the appellant's assigned counsel is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined by ordinary mail pursuant to CPL 470.60(2), and upon the attorney who last appeared for him, and upon the District Attorney, by regular mail.

MILLER, J.P., CRANE, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court