Appellate Division: Second Judicial Department

M62000

E/sl

GLORIA GOLDSTEIN, J.P.

MARK C. DILLON

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2005-07215 The People, etc., respondent, v Luis Pena, appellant. (Ind. No. 10516/05)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered July 13, 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 April 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 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 appeal is granted and the appeal is 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 assigned counsel's motion, in effect, to be relieved is granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court