| People of State of New York v Gomez |
| Motion No: 2006-02222 |
| Slip Opinion No: 2006 NYSlipOp 82041(U) |
| Decided on December 15, 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
M48173
E/sl
GLORIA GOLDSTEIN, J.P.
PETER B. SKELOS
ROBERT J. LUNN
JOSEPH COVELLO, JJ.
|
2006-02222
People of State of New York, respondent, v Freddy Gomez, appellant.
| DECISION & ORDER ON MOTION |
Motion by Robert C. Mitchell, counsel assigned to prosecute an appeal from a determination of the County Court, Suffolk County, dated February 22, 2006, to be relieved, and cross motion by the respondent to dismiss the appeal on the ground that the appellant has been deported.
Upon the papers filed in support of the motion and the cross motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the cross motion is granted, and the appeal is dismissed on the ground that the appellant 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).
GOLDSTEIN, J.P., SKELOS, LUNN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court