Appellate Division: Second Judicial Department

M66166

E/sl

ROBERT A. LIFSON, J.P.

DAVID S. RITTER

ANITA R. FLORIO

EDWARD D. CARNI, JJ.

2006-05447 The People, etc., respondent, v Ushaka DeFreitas, appellant. (Ind. No. 9415/05)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered April 18, 2006, 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 December 20, 2007, the parties or their attorneys were 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 had been 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 papers filed in support of the motion, in effect, to be relieved and the papers filed in relation thereto, and upon the order to show cause and no papers having been filed in opposition or 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 motion, in effect, to be relieved is granted.

LIFSON, J.P., RITTER, FLORIO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court