Appellate Division: Second Judicial Department

M113612

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2008-09049 The People, etc., respondent, v Oral Wilson, appellant. (Ind. No. 37/07)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered September 22, 2008, in effect, to be relieved, on the ground that the appellant has been deported and is no longer available to obey the mandate of the court. By order to show cause dated May 11, 2010, the parties or their attorneys were 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 had been deported and was 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), and assigned counsel's motion was held in abeyance in the interim.

Upon the order to show cause and no papers having been filed in response to the order to show cause, and upon the papers filed in support of assigned counsel's motion and the papers filed in relation thereto, it is

ORDERED that the appeal is dismissed (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578); and it is further,

ORDERED that assigned counsel's motion is granted, and assigned counsel is relieved from representing the appellant.

DILLON, J.P., ANGIOLILLO, BELEN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court