| People v Zhangui, Luis |
| Motion No: 2006-03558 |
| Slip Opinion No: 2010 NY Slip Op 67677(U) |
| Decided on April 6, 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. |
Appellate Division: Second Judicial Department
M100839
E/sl
JOSEPH COVELLO, J.P.
FRED T. SANTUCCI
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON, JJ.
|
2006-03558 The People, etc., respondent, v Luis Zhangui, appellant. (Ind. No. 2445/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Queens County, rendered April 3, 2006, 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).
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 with leave to renew upon proof of proper service of the motion upon the appellant at his last known address (see CPL 470.60[1]).
COVELLO, J.P., SANTUCCI, ANGIOLILLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court