People v Dominguez, Salvadore Garcia
Motion No: 2004-04321
Slip Opinion No: 2006 NYSlipOp 69071(U)
Decided on May 22, 2006
Appellate Division, 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 Division: Second Judicial Department

M39930

T/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2004-04321

The People, etc., respondent,

v Salvadore Garcia Dominguez, appellant.

(Ind. No. 03-1765)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the County Court, Westchester County, rendered April 22, 2004. By order to show cause dated April 7, 2006, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal on the ground that the appellant has been deported and is no longer available to obey the mandate of this court.

Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed on the ground that the appellant has been deported (see People v Wright, 274 AD2d 599).

SCHMIDT, J.P., SANTUCCI, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court