| People v Wallace, Sneed |
| Motion No: 2009-03131 |
| Slip Opinion No: 2011 NY Slip Op 93905(U) |
| Decided on December 27, 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
M30838
S/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2009-03131 The People, etc., respondent, v Sneed Wallace, appellant. (Ind. No. 135/08)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from a judgment of the County Court, Dutchess County, rendered September 9, 2008. By decision and order on motion of this Court dated June 21, 2011, the appellant, or his attorney, 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 has been deported and is no longer available to obey the mandate of this Court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578).
Upon the Court's own motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied (see People v Ventura, 17 NY3d 675).
SKELOS, J.P., BALKIN, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court