| People of State of New York v Bonilla |
| Motion No: 2008-00915 |
| Slip Opinion No: 2010 NY Slip Op 76860(U) |
| Decided on July 13, 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
M105261
E/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2008-00915 People of the State of New York, respondent, v Pedro Bonilla, appellant.
| DECISION & ORDER ON MOTION |
Motion by the appellant's assigned counsel to be relieved of the assignment to prosecute an appeal from an order of the County Court, Nassau County, dated December 14, 2007, on the ground that the appellant is no longer available to obey the mandate of the court.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements on the ground that the appellant has been deported and is no longer available to obey the mandate of the court (cf. People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578); and it is further,
ORDERED that the motion is granted, and the appellant's assigned counsel is relieved.
SANTUCCI, J.P., MILLER, LEVENTHAL and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court