| People v Garcia, Margaret |
| Motion No: 2006-03831 |
| Slip Opinion No: 2007 NYSlipOp 87435(U) |
| Decided on December 27, 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
M63889
E/sl
REINALDO E. RIVERA, J.P.
DAVID S. RITTER
WILLIAM E. McCARTHY
THOMAS A. DICKERSON, JJ.
|
2006-03831 The People, etc., respondent, v Margaret Garcia, appellant. (Ind. No. 944/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Queens County, rendered March 22, 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 branch of the motion which is to dismiss the appeal 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); and it is further,
ORDERED that the motion is otherwise denied as academic.
RIVERA, J.P., RITTER, McCARTHY and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court