Appellate Division: Second Judicial Department

M48379

E/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

WILLIAM F. MASTRO

MARK C. DILLON, JJ.

2005-11596 The People, etc., respondent, v Jefferson Rodriguez, appellant. (Ind. No. 582/01)

DECISION & ORDER ON MOTION

Motion by assigned counsel for the appellant, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Kings County, rendered June 9, 2005, on the ground that the appellant has been deported and is no longer available to obey the mandate of the court. By order to show cause dated August 21, 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) and the motion by assigned counsel was held in abeyance in the interim.

Upon the order to show cause and no papers having been filed in response thereto, and the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the order to show cause to dismiss the appeal is granted and the appeal is dismissed; and it is further,

ORDERED that the motion by assigned counsel is denied as academic.

PRUDENTI, P.J., SANTUCCI, MASTRO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court