| People v Primactus, Thomas |
| Motion No: 2004-05168 |
| Slip Opinion No: 2007 NYSlipOp 65096(U) |
| Decided on March 13, 2007 |
| 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
M51964
E/sl
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
JOSEPH COVELLO
EDWARD D. CARNI, JJ.
|
2004-05168 The People, etc., respondent, v Thomas Primactus, appellant. (Ind. No. 2009/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, rendered April 22, 2004, on the ground that the appellant has been deported.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appeal is dismissed 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).
CRANE, J.P., KRAUSMAN, COVELLO and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court