| People v Zhangui, Luis |
| Motion No: 2009-05111 |
| Slip Opinion No: 2010 NY Slip Op 91635(U) |
| Decided on December 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. |
Appellate Division: Second Judicial Department
M112583
E/sl
JOSEPH COVELLO, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
ARIEL E. BELEN, JJ.
|
2009-05111 The People, etc., respondent, v Luis Zhangui, appellant. (Ind. No. 2445/04)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from a resentence of the Supreme Court, Queens County, imposed May 15, 2009. By order to show cause dated October 5, 2010, 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.
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that 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 (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578).
COVELLO, J.P., ANGIOLILLO, DICKERSON and BELEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court