| People of State of New York v Jose Luis Alegria Gonzales |
| Motion No: 2010-00796 wcr |
| Slip Opinion No: 2011 NY Slip Op 78832(U) |
| Decided on July 15, 2011 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
DENISE F. MOLIA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Jose Luis Alegria Gonzales, Appellant. |
Motion by assigned counsel, Randall Richards, Esq., to be relieved of representing appellant on an appeal from a judgment of conviction of the City Court of Yonkers, Westchester County, rendered March 8, 2010. Cross motion by respondent to dismiss the appeal on the ground that appellant has been deported.
Upon the papers filed in support of the motion and cross motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion by assigned counsel is granted; and it is further,
ORDERED that respondent's cross motion is granted, and the appeal is dismissed on the ground that defendant has been deported and is no longer subject to the jurisdiction of the court (see People v Diaz, 7 NY3d 831 [2006]; see also People v Mark, 8 NY3d 907 [2007]).
ENTER:
Paul Kenny
Chief Clerk