| People v Peart, Kirk |
| Motion No: 2007-01037 |
| Slip Opinion No: 2008 NYSlipOp 89025(U) |
| Decided on November 13, 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
M78424
E/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
EDWARD D. CARNI
ARIEL E. BELEN, JJ.
|
2007-01037 The People, etc., respondent, v Kirk Peart, appellant. (Ind. No. 7577/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, rendered December 19, 2006, 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 no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied with leave to renew upon service on the defendant at his last known address (see CPL 470.60[2]).
FLORIO, J.P., MILLER, CARNI and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court