People of State of New York v Usama Sadik Abdel-whab
Motion No: 2003-01353 dcr
Slip Opinion No: 2006 NYSlipOp 68848(U)
Decided on May 12, 2006
Appellate Term, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., TANENBAUM and LIPPMAN, JJ.

NO. 2003-1353 D CR
THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

-against-

USAMA SADIK ABDEL-WHAB,

Appellant.

DECISION

Motion by the People as the respondent to dismiss the appeal on the ground that the defendant has been deported is granted.

It appears that defendant is not in the country and subject to the jurisdiction of the court (see People v DelRio, 13 NY2d 899 [1963]; People v Wright, 274 AD2d 599 [2000]; People v Malbranche, 268 AD2d 488 [2000]).