Appellate Division: Second Judicial Department

M45232

S/sl

ANITA R. FLORIO, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT J. LUNN, JJ.

2006-03260 The People, etc., respondent, v Brent Lewis, appellant. (Ind. No. 3336/05)

ORDER TO SHOW CAUSE

Appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered March 29, 2006. Assigned Counsel has advised the court that the appellant has been deported.

Now, on the court's own motion, it is

ORDERED that the appellant is 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 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; People v Davis, 87 AD2d 578) by filing an affidavit on that issue with the Clerk of this court on or before October 20, 2006; 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, if any, who last appeared for him, and upon the District Attorney, by regular mail.

FLORIO, J.P., GOLDSTEIN, LUCIANO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer