Appellate Division: Second Judicial Department

M92638

S/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2008-11286 The People, etc., respondent, v Miguel Flores, appellant. (Ind. No. 189-06)

ORDER TO SHOW CAUSE

Appeal by Miguel Flores from an amended judgment of the County Court, Suffolk County, rendered November 14, 2008. The appeal was perfected on June 26, 2009, and the People's response to the appellant's excessive sentence motion was filed on July 10, 2009. The court has received information that the appellant has been deported.

Now, on the court's own motion, it is

ORDERED that the appellant is directed to show cause before this court, why an order should or should not be made and entered dismissing the appeal 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) by filing an affidavit or affirmation on that issue with the Clerk of this court on or before October 16, 2009; and it is further,

ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined by ordinary mail pursuant to CPL 470.60(2), and upon the attorney, if any, who last appeared for him, and upon the District Attorney, by regular mail.

FISHER, J.P., COVELLO, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court