| People v Hoth, Caroline |
| Motion No: 2006-01564 |
| Slip Opinion No: 2007 NYSlipOp 67936(U) |
| Decided on April 23, 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
M53538
E/cb
ROBERT W. SCHMIDT, J.P.
GLORIA GOLDSTEIN
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY, JJ.
|
2006-01564
The People, etc., respondent, v Caroline Hoth, appellant. (Ind. No. 05-00382)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, rendered January 10, 2006, on the ground that the appellant has been deported.
Upon the papers filed in support of the motion and the papers filed in opposition 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).
SCHMIDT, J.P., GOLDSTEIN, ANGIOLILLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court