People v Quintana, Mike
Motion No: 2006-02122
Slip Opinion No: 2007 NYSlipOp 83386(U)
Decided on November 9, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M61845

E/sl

HOWARD MILLER, J.P.

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2006-02122

The People, etc., respondent,

v Mike Quintana, appellant.

(Ind. No. 02122/06)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Queens County, rendered February 17, 2006, on the ground that the appellant has been deported.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and the appeal is dismissed 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).

MILLER, J.P., LIFSON, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court