Appellate Division: Second Judicial Department

M52909

E/sl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-08278 The People, etc., respondent, v Socrates Iraheta, appellant. (Ind. No. 854-02)

DECISION & ORDER ON MOTION

Motion by the appellant's retained counsel, in effect, to withdraw as counsel on an appeal from a judgment of the County Court, Suffolk County, rendered January 24, 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 February 15, 2007, 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 had been deported and was 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 retained 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 granted and assigned counsel is relieved.

SCHMIDT, J.P., GOLDSTEIN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court