| People of State of New York v Rodriguez |
| Motion No: 2008-02074 |
| Slip Opinion No: 2008 NYSlipOp 90207(U) |
| Decided on November 26, 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
M79060
E/sl
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
EDWARD D. CARNI
RANDALL T. ENG, JJ.
|
2008-02074 People of State of New York, respondent, v Bonifacio Rodriguez, appellant.
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant on an appeal from an order of the Supreme Court, Kings County, dated February 26, 2008, in effect, to be relieved as counsel on the ground that the appellant has been deported.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the appellant has been deported and is no longer available to obey the mandate of this court (see Matter of Gerald G.G., 46 NY2d 1036); and it is further,
ORDERED that the motion by assigned counsel is granted.
RIVERA, J.P., ANGIOLILLO, CARNI and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court