| THE PEOPLE V DERRICK MIGNOTT |
| Motion No: KA 09-01484 |
| Slip Opinion No: 2010 NY Slip Op 90210(U) |
| Decided on December 3, 2010 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
KA 09-01484
SCI No: I-2009-123-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DERRICK
MIGNOTT, DEFENDANT-APPELLANT. |
Counsel for appellant having moved for permission to withdraw as assigned counsel on an appeal taken from a judgment of the Onondaga County Court rendered June 11, 2009, on the ground that the appellant is not available to obey the mandates of this Court, and respondent having cross-moved to dismiss the appeal,
Now, upon reading and filing the affidavit of Philip Rothschild, sworn to November 5, 2010, the notice of motion with proof of service thereof, the affirmation of James P. Maxwell, dated November 8, 2010, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion of counsel for appellant is granted, and
It is further ORDERED that the cross motion is granted, and the appeal is dismissed without prejudice inasmuch as defendant is not available to obey the mandates of this Court (see People v Diaz, 7 NY3d 831, 832).
Entered: December 3, 2010
PATRICIA L. MORGAN, Clerk