| People v Flores, Miguel |
| Motion No: 2008-11286 |
| Slip Opinion No: 2009 NY Slip Op 92729(U) |
| Decided on December 30, 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
M96648
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)
| DECISION & ORDER ON MOTION |
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. By order to show cause dated September 30, 2009, the appellant was 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).
On the court's own motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the appeal is dismissed.
FISHER, J.P., COVELLO, LEVENTHAL and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court