Appellate Division: Second Judicial Department

M37964

A/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

PETER B. SKELOS

ROBERT A. LIFSON, 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)

DECISION & ORDER ON MOTION

Motion 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. By decision and order on motion dated February 17, 2006, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled actions on the ground that the appellant is no longer available to obey the mandate of this court and the motion by the appellant's attorney, inter alia, to be relieved, was held in abeyance in the interim.

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

ORDERED that the appeals are dismissed, 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); and it is further,

ORDERED that the motion is denied as academic.

ADAMS, J.P., RITTER, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court