Appellate Division: Second Judicial Department

M109180

E/sl/ct

2009-05111 The People, etc., respondent, v Luis Zhangui, appellant. (Ind. No. 2445/04)

ORDER TO SHOW CAUSE

Appeal by the defendant from a resentence of the Supreme Court, Queens County, imposed May 15, 2009.

Now, on the court's own motion, it is

ORDERED that the parties or their attorneys are 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) by filing an affidavit or affirmation on that issue with the Clerk of this court on or before October 29, 2010; and it is further,

ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at the appellant's last known place of residence or, if the appellant is imprisoned, at the institution in which the appellant is confined by ordinary mail pursuant to CPL 470.60(2), and upon the attorney, if any, who last appeared for the appellant, and upon the District Attorney, by regular mail.

ENTER:

Matthew G. Kiernan

Clerk of the Court