| People of State of New York v Castillo |
| Motion No: 2007-05043 |
| Slip Opinion No: 2008 NYSlipOp 65301(U) |
| Decided on March 3, 2008 |
| 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
M66168
E/sl
ROBERT A. SPOLZINO, J.P.
DANIEL D. ANGIOLILLO
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
|
2007-05043 People of State of New York, etc., respondent, v Yunior Castillo, appellant.
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant on an appeal from an order of the County Court, Westchester County, dated May 7, 2007, to be relieved, on the ground that the appellant has been deported and is no longer available to obey the mandate of the court. Cross motion by the respondent to dismiss the appeal on the ground that the appellant has been deported and is no longer available to obey the mandate of the court.
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the cross motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the cross 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 to be relieved is granted.
SPOLZINO, J.P., ANGIOLILLO, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court