| People v Ochola, James |
| Motion No: 2006-06480 |
| Slip Opinion No: 2008 NYSlipOp 65319(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
M67018
E/sl
STEVEN W. FISHER, J.P.
EDWARD D. CARNI
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
|
2006-06480 The People, etc., respondent, v James Ochola, appellant. (Ind. No. 05-01230)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the County Court, Westchester County, rendered June 13, 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).
FISHER, J.P., CARNI, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court