People v Hayden, Aquayne
Motion No: 2007-00984
Slip Opinion No: 2010 NY Slip Op 63846(U)
Decided on February 22, 2010
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M98834

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2007-00984

The People, etc., respondent,

v Aquayne Hayden, appellant.

(Ind. No. 06-00644)

DECISION & ORDER ON MOTION

Appeal by Aquayne Hayden from an amended judgment of the County Court, Orange County, rendered January 19, 2007. By order to show cause dated January 6, 2010, 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 he had been deported and was no longer available to obey the mandate of the court.

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578).

MASTRO, J.P., DICKERSON, BELEN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court