| People v Sevencan, Salih |
| Motion No: 2010-04207 |
| Slip Opinion No: 2011 NY Slip Op 76327(U) |
| Decided on June 22, 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
M121998
S/ct
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
RUTH C. BALKIN
SHERI S. ROMAN, JJ.
|
2010-04207 The People, etc., respondent, v Salih Sevencan, appellant. (Ind. No. 12739/91)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 26, 2010, issued pursuant to CPL 440.46, 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 relation 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).
MASTRO, J.P., SKELOS, BALKIN and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court