People of State of New York v Norman Thomas
Motion No: 2006-00613 QCR
Slip Opinion No: 2007 NYSlipOp 69364(U)
Decided on May 11, 2007
Appellate Term, 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., WESTON PATTERSON and RIOS, JJ.

NO. 2006-613 Q CR
THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

-against-

NORMAN THOMAS,

Appellant.

DECISION

Motion by assigned counsel to dismiss the appeal on the ground that the defendant has been deported is granted.

It appears that defendant is not in the country and subject to the jurisdiction of the court (see People v Del Rio, 13 NY2d 899 [1963]; People v Wright, 274 AD2d 599 [2000]; People v Malbranche, 268 AD2d 488 [2000].