| People v Guerrero, Gumercindo |
| Motion No: 2008-00486 |
| Slip Opinion No: 2009 NYSlipOp 62160(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
M81611
E/nl
PETER B. SKELOS, J.P.
MARK C. DILLON
DANIEL D. ANGIOLILLO
RANDALL T. ENG, JJ.
|
2008-00486 The People, etc., respondent, v Gumercindo Guerrero, appellant. (Ind. No. 06-01555)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered December 13, 2007, 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 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