| People v Argueta, Eduar |
| Motion No: 2009-08846 |
| Slip Opinion No: 2011 NY Slip Op 71287(U) |
| Decided on April 28, 2011 |
| 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
M119193
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2009-08846 The People, etc., respondent, v Eduar Argueta, appellant. (Ind. No. 1390-09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the County Court, Suffolk County, rendered August 27, 2009, on the ground that the appellant has been deported and 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 opposition thereto, it is
ORDERED that the motion is granted, and the appeal is dismissed (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578).
DILLON, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court