Appellate Division: Second Judicial Department

M62003

E/sl

GLORIA GOLDSTEIN, J.P.

MARK C. DILLON

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2006-06960, 2006-07231 The People, etc., respondent, v Andres Ocampoestrada, a/k/a Estrada Andres Ocampo, appellant. (Ind. Nos. 1063/05, 10184/06)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant on appeals from a judgment of the Supreme Court, Queens County, rendered March 8, 2006, and a resentence of the same court imposed March 8, 2006, inter alia, 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 May 23, 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 was 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 order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion, in effect, to be relieved and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeals is granted and the appeals are dismissed (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 branch of assigned counsel's motion, which is, in effect, to be relieved is granted; and it is further,

ORDERED that the assigned counsel's motion is otherwise denied.

GOLDSTEIN, J.P., DILLON, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court