Appellate Division: Second Judicial Department

M72191

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2005-01975 The People, etc., respondent, v Kentish King, appellant. (Ind. No. 6732/03)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel to dismiss an appeal from a judgment of the Supreme Court, Kings County, rendered March 16, 2004, on the ground that the appellant has been deported. By order to show cause dated May 8, 2008, the appellant was 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 order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the assigned counsel's motion and the papers filed in 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 assigned counsel's motion is granted and the appellant's assigned counsel is relieved.

MASTRO, J.P., DILLON, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court