Appellate Division: Second Judicial Department

M59097

E/sl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

2006-08306, 2006-09133 The People, etc., respondent, v John Ramsay, appellant. (Ind. Nos. 904/05, 2516/05)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant on appeals from two judgments of the Supreme Court, Kings County, both rendered October 21, 2005, in effect, to be relieved, 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 June 27, 2007, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeals 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 assigned counsel's motion was held in abeyance in the interim.

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

ORDERED that the motion to dismiss the appeals on the ground that the appellant was deported and no longer available to obey the mandate of the court is granted (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578); and it is further,

ORDERED that the motion to relieve assigned counsel is granted.

PRUDENTI, P.J., RIVERA, COVELLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court