| People v Fuentes, Jose W. |
| Motion No: 2006-11791 |
| Slip Opinion No: 2009 NYSlipOp 62159(U) |
| Decided on January 28, 2009 |
| 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
M81617
E/nl
PETER B. SKELOS, J.P.
MARK C. DILLON
DANIEL D. ANGIOLILLO
RANDALL T. ENG, JJ.
|
2006-11791
The People, etc., respondent, v Jose W. Fuentes, appellant. (Ind. No. 2140/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Nassau County, rendered April 11, 2006, on the ground that the appellant has been deported.
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 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).
SKELOS, J.P., DILLON, ANGIOLILLO and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court