| People v Smith, Raymond |
| Motion No: 2008-05993 |
| Slip Opinion No: 2009 NY Slip Op 79339(U) |
| Decided on July 29, 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
M90020
E/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
ANITA R. FLORIO
CHERYL E. CHAMBERS, JJ.
|
2008-05993 The People, etc., respondent, v Raymond Smith, appellant. (Ind. No. 293/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the County Court, Orange County, rendered October 12, 2006, on the ground that the appellant "is all but certain [to] be deported shortly" and will no longer be 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 as premature without prejudice to renew following a final determination on the appellant's deportation.
MASTRO, J.P., SKELOS, FLORIO and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court