Appellate Division: Second Judicial Department

M129731

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2010-05976 The People, etc., respondent, v Victor Molina, appellant. (Ind. No. 144-10)

DECISION & ORDER ON MOTION

Motion by Robert C. Mitchell, counsel assigned to represent the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered June 7, 2010, 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 October 20, 2011, 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, and the assigned counsel's motion is held in abeyance in the interim. Separate motion by Robert C. Mitchell to withdraw the prior motion.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motions and the papers filed in relation thereto, it is

ORDERED that the motion to withdraw the prior motion is granted, and the motion, in effect, to be relieved is deemed withdrawn; and it is further,

ORDERED that the motion to dismiss the appeal is denied (see People v Ventura, ___ NY3d ___ [Oct. 25, 2011]).

RIVERA, J.P., BALKIN, ENG and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court