Appellate Division: Second Judicial Department

M97987

S/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

PLUMMER E. LOTT, JJ.

2006-11789 The People, etc., respondent, v Damion Buchanan, appellant. (Ind. No. 02-09099)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel, in effect, to be relieved of the assignment to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered January 24, 2006, on the ground that the appellant has been deported. By order to show cause dated December 8, 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), and the motion by assigned counsel was held in abeyance in the interim.

Upon the court's own motion and the papers filed in response thereto and in response to the motion by assigned counsel, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,

ORDERED that the motion by assigned counsel is granted and assigned counsel is relieved from representing the appellant.

SKELOS, J.P., ANGIOLILLO, BALKIN and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court