| People v Lewis, Brent |
| Motion No: 2006-03260 |
| Slip Opinion No: 2006 NYSlipOp 79531(U) |
| Decided on November 13, 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
M46829
S/sl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2006-03260 The People, etc., respondent, v Brent Lewis, appellant. (Ind. No. 3336/05)
| DECISION & ORDER ON MOTION |
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. By order to show cause dated September 29, 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 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).
Upon 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 (see People v Hutchings,40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578).
MILLER, J.P., KRAUSMAN, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court