| People v Morocho, Jorge L. |
| Motion No: 2006-03561 |
| Slip Opinion No: 2007 NYSlipOp 80311(U) |
| Decided on October 10, 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
M60875
S/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2006-03561 The People, etc., respondent, v Jorge L. Morocho, appellant. (Ind. No. 05-01133)
| DECISION & ORDER ON MOTION |
Motion by assigned counsel for the appellant, in effect, to be relieved of the assignment to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered March 24, 2006, 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 8, 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 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), and the motion by assigned counsel to be relieved was held in abeyance in the interim.
Upon the Court's own motion, and no papers having been filed in response thereto, it is
ORDERED that the appeal is dismissed; and it is further,
ORDERED that motion by assigned counsel to be relieved is granted.
RITTER, J.P., SANTUCCI, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court