| People v Bejarano, Fredy |
| Motion No: 2005-05360 |
| Slip Opinion No: 2006 NYSlipOp 71321(U) |
| Decided on June 28, 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. |
Appellate Division: Second Judicial Department
M41548
Y/sl
ROBERT W. SCHMIDT, J.P.
GLORIA GOLDSTEIN
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2005-05360 The People, etc., respondent, v Fredy Bejarano, appellant. (Ind. No. 2035-04)
| DECISION & ORDER ON MOTION |
Appeal by Fredy Bejarano from an order of the Supreme Court, Suffolk County, dated April 4, 2005. By order to show cause dated May 22, 2006, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant has be deported by filing an affidavit on that issue in the office of the Clerk of this court.
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that the appellant has been deported and is no longer available to obey the mandate of the court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625).
SCHMIDT, J.P., GOLDSTEIN, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court